CRM-M-56368-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 224-2 CRM-M-56368-2024 Date of Decision: 14.01.2025 Tilak Raj ...Peoner Versus State of Punjab and another …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Surinder Garg, Advocate for the peoner. Mr. Jasjit Singh, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta/on Sec/ons 198 22.09.2024 City-1 Abohar, District Fazilka 108, 3(5) of BNS, 2023 1. The peoner apprehending arrest in the FIR caponed above has come up before this Court under Secon 482 of Bharaya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking ancipatory bail. 2. In paragraph 15 of the bail peon, the accused declares that he has no criminal antecedents. 3. The facts and allegaons are being taken from the reply-cum-status report dated 10.12.2024 filed by the State, which reads as follows: “4. That, at the outset, FIR in queson was registered against two accused persons namely 1. Anjali D/o. Tilak Raj, R/o. 08- Balvir Bas le) Side, Faridkot City, Faridkot, Punjab, India and Tilak Raj S/o. Nathu Ram, R/o. 08- Balvir Bas le) Side, Faridkot City, Faridkot, Punjab, India on the statement of Jyo daughter of Sh. Krishan Kumar (wife of late Sh. Mohit), Resident of Street No.0, Sant Nagar Abohar, District Fazilka; Now residing near Goel Nursing Home, Jaitu, Tehsil Jaitu, District Faridkot, Punjab, who stated that on 16.07.2024 she solemnized love marriage with Mohit Son of Shiv Kumar, Resident of Street No.0, Sant Nagar, Abohar. A)er marriage they remained at Chandigarh and from 01.09.2024 they started residing in house of Om 1 JYOTI 2025.01.18 10:05 I attest to the accuracy and integrity of this order/judgment. CRM-M-56368-2024 Parkash as tenant and they were living happily married life. Her heart surgery was conducted at Chandigarh and due to infecon, her husband Mohit talked with her mother Rekha Devi wife Krishan Kumar, resident of near Goel Nursing Home, Jaitu and called her. On 19.09.2024 she taken her at Abohar for treatment. Her husband sent her with his sweet will at Jaitu. On 21.09.2024 she talked with her husband several mes, who seems to be under pressure, from whom I inquired several mes, but he replied that he is suffering from fever and for that reasons ‘I am depressed'. Yesterday through my relaves, I came to know that "my husband Mohit has commiCed suicide by strangulaon himself from whom one suicide note is recovered, in which he has disclosed about the pressure put by Anjali daughter of Tilak Raj and Tilak Raj S/o. Nathu Ram, R/o. Balvir Bas, St. No.8, Faridkot. I remained with Anjali in live in relaonship for about 4 years and a)er that Mohit entered in her life and I performed love marriage with Mohit, due to which Anjali and her father Tilak Raj were annoyed with them and from whose maltreatment, her husband has commiCed suicide by strangulang himself, so, acon be taken against them. On 22.09.2024 the above referred accused have also done, so, from the statement, ingredients of commission of offence under secon 108, 3(5) of BNS-23 have been found to be fulfilled. Accordingly, FIR in queson was registered.” 4. Counsel for the peoner has referred to the poron of the suicide note, which read as under: "MAIN MAR RAHA HUN, Anjali Tilakraj KI VAJAH SE, MUJE DEPRESSION MAIN DALL KE YE SUKHI HAI, SorryGood by Mohit." 5. Counsel for the peoner has argued that perusal of the suicide note shows that nothing has been menoned about the harassment alleged to be given by Anjali & Tilak Raj. It is only wriFen that the deceased was under depression because of Anjali & Tilak Raj and that could not be considered as harassment which insgate the deceased to commit suicide. He further argued that there is nothing on record to show that there is any harassment on the part of the peoner. Even the alleged suicide note did not bear any date & me nor explanaon of any harassment which was given by the peoner to the deceased and when, which itself shows that the peoner has been falsely implicated in the present case. He further argued that the peoner is resident of Faridkot, whereas the deceased was residing in Abohar. He further argued that a compromise dated 27.09.2024 has been effected between the pares, the said 2 JYOTI 2025.01.18 10:05 I attest to the accuracy and integrity of this order/judgment. CRM-M-56368-2024 compromise has already been placed on record as Annexure P-2. 6. The peoner's counsel prays for bail by imposing any stringent condions and contends that further pre-trial incarceraon would cause an irreversible injusce to the peoner and their family. 7. The State’s counsel opposes bail and refers to the reply. 8. It would be appropriate to refer to the following porons of the reply, which read as follows: “9. That during invesgaon on 22.09.2024 Jyo daughter of Sh.Krishan Kumar (wife of late Sh.Mohit), has recorded her statement before invesgang officer, who reached on the spot, where Om Parkash S/o. Dial Chand met the police party, who disclosed that Mohit Kumar S/o. Shiv Kumar, R/o. Gali No.0, Sant Nagar, Abohar, was residing in first floor of his house, who has commiCed suicide by strangulang himself with fan. Upon which, invesgang officer went inside the room and saw that dead body of Mohit was hanging with fan, whose dead body was removed down in presence of owner of house and on checking of clothes of deceased One Mobile Phone, One purse and from the le) pocket of lower worn by deceased, one suicide note was recovered, which was wriCen on half page of lining copy, in English and Hindi languages with red ink pen, details of which are as; " MAIN MAR RAHA HUN, Anjali Tilakraj KI VAJAH SE. MUJEY DEPRESSION MAIN DALL KE YE SUKHI HAIN, Sorry Good by Mohit", which was taken in to police possession vide separate memo and a)er arranging vehicle dead body was kept in dead house of Civil Hospital, Abohar. Due to none presence of family member on the spot, on return to the police party, the invesgang got entered Rapat No.47 dated 21.09.2024. Again, invesgang officer reached at Civil Hospital, Abohar with HC Sunil Kumar No.113/Fzk. and PHG Jai Chand No. 6751, where Jyo with her brother in law Rohit son of Shiv Kumar son of Sohan Lal along with other relaves met him, who also get recorded his statement, which was read over and explained to him, who a)er admiOng the same to be correct, put his signatures in English and witnesses also signed it and same was idenfied by the invesgang officer. Since the ingredients of offences under secon 108, 3(5) of BNS-23 were fulfilled, so, statements for registraon of FIR were sent through PHG Jai Chand No.6751 to the police staon and accordingly FIR was registered. 3 JYOTI 2025.01.18 10:05 I attest to the accuracy and integrity of this order/judgment. CRM-M-56368-2024 10. That in compliance to the order dated 18.10.2024 passed by this Hon'ble Court, it is submiCed as under: A- THE ROLE OF THE PETITIONER: It is submiCed that specific role has been aCributed to the present peoner by the complainant in her statement “ he stated that on 21.09.2024 she talked with her husband several mes, who seems to be under pressure, from whom, she inquired several mes, but he replied that "I am suffering from fever and for that reasons 'I am depressed'. Further she stated that through her relaves, she came to know that "my husband Mohit has commiCed suicide by hanging himself, from whom one suicide note was recovered, in which he has disclosed about the pressure put by the present peoner and co-accused Anjali, who is daughter of the present peoner. Further, she stated that "She remained with Ajali in Live in Relaonship for about 4 years and a)er that Mohit entered in her life and she performed love marriage with Mohit, due to which Anjali and her father Tilak Raj, the present peoner were annoyed with them due to which her husband has commiCed suicide by strangulang himself. B-THE EVIDENCE AGAINST THE PETITIONER:- It is submiCed that there is sufficient incriminang evidence against the peoner Tilak Raj i.e statement of complainant-Jyo, suicide note wriCen by deceased Mohit, Form No. 25:25(1) A, MLR No. M403002362400182. Further there is sufficient evidence that complainant Jyo stated that she remained with Anjali in live in relaonship for about 04 years and a)er that Mohit entered in her life and she performed love marriage with Mohit, due to which Anjali and her father Tilak Raj the present peoner were annoyed with them due to which her husband Mohit has commiCed suicide by strangulang himself.” 9. The allegaons in the suicide note are general in nature and not specific. There is no incident menoned which can be prima facie aFributed as abetment or insgaon by the peoner. Thus, it is not a case for custodial interrogaon and pre-trial incarceraon. 10. Pre-trial incarceraon should not be a replica of post-convicon sentencing. The evidence might be prima facie sufficient to launch prosecuon or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of ancipatory bail. An analysis of the above does not jusfy custodial interrogaon or pre- trial incarceraon. 11. Given the above, the penal provisions invoked coupled with the primafacie 4 JYOTI 2025.01.18 10:05 I attest to the accuracy and integrity of this order/judgment. CRM-M-56368-2024 analysis of the nature of allegaons and the other factors peculiar to this case, there would be no jusfiability for custodial interrogaon or the pre-trial incarceraon at this stage. 12. Without commenng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons menoned above, the peoner makes a case for bail. 13. Given above, provided the peoner is not required in any other case, the peoner shall be released on bail in the FIR caponed above subject to furnishing bonds to the sasfacon of the Arresng Officer, and if the maFer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepng the surety, the concerned Officer/Court must be sasfied that if the accused fails to appear, such surety can produce the accused. 14. While furnishing a personal bond, the peoner shall menon the following personal idenficaon details: 1. AADHAR number 2. Passport number (If available) and when the aFesng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 15. This order is subject to the peoner’s complying with the following terms. The peoner shall abide by all statutory bond condions and appear before the concerned Court(s) on all dates. The peoner 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. The peoner is directed to join the invesgaon within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Invesgator. The peoner shall be in deemed custody for Secon 27 of the Indian Evidence Act, 1872/ Secon 23 of BSA, 2023. The peoner shall join the invesgaon as and when called by the Invesgang Officer or any Superior Officer and shall cooperate with the invesgaon at all further stages as required. In the event of failure to do so, the prosecuon will be open to seeking cancellaon of the bail. During the invesgaon, the peoner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 5 JYOTI 2025.01.18 10:05 I attest to the accuracy and integrity of this order/judgment. CRM-M-56368-2024 17. In case the Invesgator/Officer-In-Charge of the concerned Police Staon arraigns another secon of any penal offense in this FIR, and if the new secon prescribes a maximum sentence that is not greater than the secons menoned above, then this bail order shall be deemed to have also been passed for the newly added secon(s). However, suppose the newly inserted secons prescribe a sentence exceeding the maximum sentence prescribed in the secons menoned above; then, in that case, the Invesgator/Officer-In-Charge shall give the peoner noce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 18. This bail is condional, and the foundaonal condion is that if the peoner indulges in any non-bailable offense, the State may file an applicaon for cancellaon of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 19. Any observaon made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 20. A cerfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Peoner can download this order along with case status from the official web page of this Court and aFest it to be a true copy. If the aFesng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aFesng bonds. 21. Pe//on allowed in terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 14.01.2025 Jyo/-II Whether speaking/reasoned: Yes Whether reportable: No. 6 JYOTI 2025.01.18 10:05 I attest to the accuracy and integrity of this order/judgment.