The High Court
Case Details
CRM-M-51491-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51491-2024 Reserved on: 09.01.2025 Pronounced on: 28.01.2025 Man Mohan ...Pe(cid:19)(cid:19)oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Gaurav Arora, Advocate, for the pe(cid:19)(cid:19)oner.
Legal Reasoning
Ms. Harpreet Kaur, AAG, Haryana. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta0on Sec0ons 250 18.07.2023 Old Faridabad, Dis1. Faridabad 328, 304-B, 34 IPC 1. The pe(cid:19)(cid:19)oner incarcerated in the FIR cap(cid:19)oned above came before this Court under Sec(cid:19)on 483 of Bhara(cid:19)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. In Note-II of the bail pe(cid:19)(cid:19)on, the accused declares that he has no criminal antecedents. 3. Facts of the case are being taken from translated copy of the FIR (Annexure P-1), which reads as follows: “To, Sir, Police Sta(cid:15)on Incharge, Old Faridabad, Haryana, Subject Regarding dowry harassment and murder by poisoning. Complaint against. Manmohan (girl's husband) 2. Narendra (boy's father) 3. Gayatri (boy's mother) 4. Kir(cid:15) (boy's sister) 5. Poonam (boy's second sister) 6. Chanchal (boy's younger sister) 7. Dhamendra (boy's brother-in-law) 8. Sohan (boy's second brother-in-lawj 9. Harveer (boy's brother-in-law) Sir, I want to inform that I am Sompal Singh S/o Aidal Singh resident of village Rajapur Hapur U9ar Pradesh. I want to tell that on 26.01.2023, I got my daughter Shivangi Rani married to Manmohan Singh S/o Shri Narender Singh resident New Basala Colony, House No. 783, Gali No. 15, Old Faridabad, Haryana according to Hindu customs and had spent about 7.50 lakh rupees as per my expecta(cid:15)ons (more than my means). A?er a JYOTI 2025.01.28 16:27 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-51491-2024 few days, my daughter's in-laws started demanding dowry. His (boy's) family used to say that you will bring a car (four wheeler) in dowry but your father sent you empty handed. At (cid:15)mes she used to complain to me that you sent me empty handed, then she used to say that her sister-in- law used to put a lot of salt and chilli in her le?over food so that it could not be eaten and she used to make false complaints to the boy Manmohan and get me beaten up. On 22.06.2023 my son (girl's brother) got married and my son (girl's brother) got an ALTO 800 car. From that day onwards they started harassing my daughter more and used to say that they want a car. Many (cid:15)mes Sohan (boy's brother-in-law), Dhamendra (boy's brother-in-law), Harbir (boy's brother-in-law) used to tell their mother-in-law (boy's mother) that when his brother can get a car in dowry, then my brother-in-law should also get a car. My daughter told her mother that many (cid:15)mes all of them told me to bring the car (four wheeler) otherwise I will lose my life. On 15.07.2023 at about 9.00 PM, I got a call from my daughter in which she was very scared and said that either give them the car or else they will kill me. Then I talked to Manmohan and said that send Shivangi to the village for a few days, then he said that I will come to drop her to the village (home) tomorrow morning and disconnected the phone and even a?er I called several (cid:15)mes, there was no response from there. On 16.07.2023, my wife and I reached Faridabad to take my daughter to our house, then we came to know from the neighbours that she is in Shankar Hospital since last night. When I reached the hospital, I came to know that all of them together have poisoned my daughter. Hence, I request you to take strict ac(cid:15)on against all these (above men(cid:15)oned people). And I have full faith in the law and you that my dead daughter should get jus(cid:15)ce. xxx xxx” 4. Counsel for the pe(cid:19)(cid:19)oner submits that there is neither any demand of dowry nor any complaint against him. However, evidence is contradictory. 5. The pe(cid:19)(cid:19)oner's counsel prays for bail by imposing any stringent condi(cid:19)ons and contends that further pre-trial incarcera(cid:19)on would cause an irreversible injus(cid:19)ce to the pe(cid:19)(cid:19)oner and his family. 6. 7. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following por(cid:19)ons of the status report, which read as follows: JYOTI 2025.01.28 16:27 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-51491-2024 “7. That the pe(cid:15)(cid:15)oner/accused is directly involved in the present case and named in FIR. Shivangi (wife of the pe(cid:15)(cid:15)oner) died an unnatural death in the house of pe(cid:15)(cid:15)oner/accused within 7 years of her marriage as she was subjected to demand of dowry. Therefore, the pe(cid:15)(cid:15)oner is not en(cid:15)tled for concession of regular bail. The pe(cid:15)(cid:15)oner can misuse the concession of regular bail, if any granted by this Hon'ble Court and also due to gravity of offence.” 8. There is sufficient primafacie evidence connec(cid:19)ng the pe(cid:19)(cid:19)oner with the alleged crime. However, pre-trial incarcera(cid:19)on should not be a replica of post-convic(cid:19)on sentencing. The deceased has died within 07 years of her marriage which raises a presump(cid:19)on against her husband and family members but despite the fact that the deceased allegedly spoke to her father on 15.07.2023 at 09:00 p.m., he did not take any preemp(cid:19)ve ac(cid:19)on. In addi(cid:19)on to this inac(cid:19)on, there is no evidence of any wri1en complaint or any informa(cid:19)on to the police. Needless to say that the deceased died in a natural death and also that she had died within 07 years of marriage and further that there is some truth in the allega(cid:19)ons of demand of dowry but whether the deceased had commi1ed suicide because of the abetment or ins(cid:19)ga(cid:19)on to such demand is a ma1er of trial. In the given facts and circumstances of the present case, considering the general nature of allega(cid:19)ons and the absence of any complaint, further custody shall be unjus(cid:19)fied as the pe(cid:19)(cid:19)oner is stated to be already in custody for more than 01 year and 03 months. 9. As per paragraph 3 of the status report filed to the bail pe(cid:19)(cid:19)on, the pe(cid:19)(cid:19)oner has been in custody since 20.07.2023. As per the custody cer(cid:19)ficate dated 30.10.2024, the pe(cid:19)(cid:19)oner’s total custody in this FIR is 01 year, 03 months and 11 days. 10. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega(cid:19)ons and the other factors peculiar to this case, there would be no jus(cid:19)fiability further pre-trial incarcera(cid:19)on at this stage. 11. Without commen(cid:19)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:19)oned above, the pe(cid:19)(cid:19)oner makes a case for bail. This order shall come into force from the (cid:19)me it is uploaded on this Court's official webpage. 12. Given above, provided the pe(cid:19)(cid:19)oner is not required in any other case, the pe(cid:19)(cid:19)oner shall be released on bail in the FIR cap(cid:19)oned above subject to furnishing bonds to the sa(cid:19)sfac(cid:19)on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:19)ng the surety, the concerned JYOTI 2025.01.28 16:27 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-51491-2024 Court must be sa(cid:19)sfied that if the accused fails to appear, such surety can produce the accused. 13. While furnishing a personal bond, the pe(cid:19)(cid:19)oner shall men(cid:19)on the following personal iden(cid:19)fica(cid:19)on details: 1. AADHAR number 2. Passport number (If available) and when the a1es(cid:19)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 14. This order is subject to the pe(cid:19)(cid:19)oner’s complying with the following terms. 15. The pe(cid:19)(cid:19)oner shall abide by all statutory bond condi(cid:19)ons and appear before the concerned Court(s) on all dates. The pe(cid:19)(cid:19)oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 16. This bail is condi(cid:19)onal, and the founda(cid:19)onal condi(cid:19)on is that if the pe(cid:19)(cid:19)oner indulges in any non-bailable offense, or fails to a1end the trial, the State may file an applica(cid:19)on for cancella(cid:19)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 17. Any observa(cid:19)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 18. A cer(cid:19)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:19)(cid:19)oner can download this order along with case status from the official web page of this Court and a1est it to be a true copy. If the a1es(cid:19)ng officer wants to verify its authen(cid:19)city, such an officer can also verify its authen(cid:19)city and may download and use the downloaded copy for a1es(cid:19)ng bonds. 19. Pe00on allowed in terms men(cid:19)oned above. All pending applica(cid:19)ons, if any,
Decision
stand disposed of. 28.01.2025 Jyo(cid:19)-II (ANOOP CHITKARA) JUDGE Whether speaking/reasoned: Whether reportable: JYOTI 2025.01.28 16:27 I attest to the accuracy and integrity of this order/judgment. Yes No 4