CRM-M No.660 IN THE HIGH 209 Narender Tomar State of Haryana CORAM : HON Present: Mr. for t Ms. Mr. for t *** NAMIT KUMA 1. Statu Malkeet Singh, H on behalf of res record. 2. The Nagrik Suraksha FIR No.610 date registered at Poli 3. In b the deceased, ga serving in Fire B with petitioner- she was residing 6607-2025 -1- IGH COURT OF PUNJAB AND H CRM-M Reserved Date of De omar @ Narender Kumar Versus ryana HON'BLE MR. JUSTICE NAMIT Mr. Samay Singh Sandhawalia, Adv for the petitioner. Ms. Priyanka Sadar, AAG, Haryana Mr. Parveen Sharma, Advocate for the complainant. *** UMAR, J. Status report dated 15.02.2025 fi ingh, HPS, Assistant Commissioner o of respondent No.1-State of Haryan The instant petition has been filed u raksha Sanhita, 2023 for release of the 0 dated 23.10.2022 (Annexure P-1) u at Police Station Ganaur, District Sonip In brief, the facts are that the comp ed, gave a written complaint to the Fire Brigade Centre, Delhi. About a y -Narender and on being asked, his siding at Narela, Delhi, she came into ND HARYANA AT CHANDIGAR M No.6607-2025 erved on:18.02.2025 e of Decision:24.02.2025 ... Petitioner ... Respondent AMIT KUMAR , Advocate ryana. 25 filed by way of affidavit of M oner of Police, Ganaur, District Sonip aryana in the court today is taken filed under Section 482 of the Bharti of the petitioner on anticipatory bail 1) under Sections 376, 306, 506 IP t Sonipat. e complainant Ganga Sagar, husband to the police stating therein that he out a year ago, he found his wife talki ed, his wife made a revelation that wh e into contact with the petitioner. S GARH t of Mr. t Sonipat taken on Bhartiya y bail in 506 IPC sband of he is e talking hat when ner. She PANKAJ KUMAR 2025.02.24 18:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.660 further revealed complainant othe the petitioner to mend his ways a remain in depres extending threats defame her and Due to harassme of the petitioner request was made 4. Lear consensual relati does not arise. complainant used the police and evident from zim Divisional Judici alleged suicide n from the decease high probability The allegations particular date w deceased. He fu this Court in A.R 6607-2025 -2- ealed that the petitioner was pressuri nt otherwise she would face dire con to stop talking to his wife in future ays and again started threatening her depressive mood. On being enquired, threats to her that if she would not r and also kill her children, as he is assment meted out to the deceased-wi itioner, she committed suicide by co made to take appropriate legal action Learned counsel for the petitioner l relation with the deceased and, ther rise. In fact, the deceased herself d ed to torture her. Even the comp and a request for conducting his DN zimni order dated 03.06.2024 (A Judicial Magistrate, Ganaur. It was icide note was written by the compla eceased forcefully, in order to impli bility that the deceased was given po tions levelled against the petitioner in date was mentioned as to when the He further relied upon the judgment p A.R. Madhav Rao and others Vs ressurizing her to take divorce from t re consequences. The complainant to future. However, the petitioner did n ng her wife, owing to which, she used quired, she stated that the petitioner d not follow his instructions, he wou is in possession of her photograph wife of the complainant at the han by consuming poison and therefore, action against the present petitioner. submitted that the petitioner was therefore, question of threatening h rself disclosed to the petitioner that complainant was made main suspect DNA test was also made, which 24 (Annexure P-2) passed by the Su It was further submitted that either t complainant himself or was got writt implicate the petitioner. There is al ven poison by the complainant himse in the suicide note are vague, as en the petitioner sexually assaulted t ment passed by the Coordinate Bench rs Vs. State of Haryana and anoth from the nant told did not e used to was e would tographs. he hands refore, a was in ning her that the spect by which is the Sub- ither the t written e is also himself. ue, as no ulted the Bench of nother PANKAJ KUMAR 2025.02.24 18:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.660 2018 (2) Law He link the petitione responsible for h unless and until reference to the Further reliance Court in Rohini S 2024 (4) RCR (C Section 306 IPC intentional aid t encouraged the p engage the perso commit suicide. case and therefor 5. On appearing for the the petitioner on petitioner by the 6. I ha paper book with 7. A pe the call detail r deceased, reveale of the petitioner 6607-2025 -3- w Herald 1577, to contend that in th titioner to the suicide note where the e for her suicide, the petitioner cann until cogent material or evidence link to the suicide note of the deceased liance was placed upon the judgment hini Sudarshan Gangurde Vs. The S R (Criminal) 165 to contend that 6 IPC, there must either be an ins aid to doing of a thing, meaning d the person to commit suicide or eng person to commit suicide or acted icide. The aforesaid ingredients are co erefore, the petitioner is entitled for th On the other hand, learned State for the complainant opposed the pray on the ground that there are speci y the deceased in her suicide note. I have heard learned counsel for with their able assistance. A perusal of the status report filed b etail report of the mobile number ( revealed that ID CAF of the said mob tioner. Furthermore, on receipt of Bio in the absence of necessary material ere the deceased wrote that petitioner cannot be held liable for prosecutio ce linking the role of the petitioner w eased is made out in the investigatio gment passed by the Hon’ble Suprem he State of Maharashtra and anoth that in order to breach the threshold an instigation or an encouragement aning thereby, the accused must ha engaged in conspiracy with others acted intentionally to aid the person conspicuously missing in the prese for the concession of anticipatory bail State counsel and the learned coun e prayer for granting anticipatory bail specific allegations levelled against t l for the parties and have perused t filed by the respondent-State reveals th ber (8607172071), being used by t d mobile number was found in the nam io report from FSL Madhuban dat aterial to itioner is secution, with stigation. Supreme nother shold of ment or ust have others to erson to e present ry bail. counsel y bail to ainst the used the s that by the the name an dated PANKAJ KUMAR 2025.02.24 18:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.660 22.12.2022, opin and the Board of poisoning and it form of deceased FSL, Madhuban received from FS Annexure R-4. “Op Opin 8. Ther deceased that the and that he was There are also s petitioner and th view the status r and the fact tha which are seriou during the inves interrogation of t 6607-2025 -4- , opinion of Board of Doctors regard ard of Doctors opined that the cause nd its complication’. Further, the s ceased and a note book, which was wr huban for comparison/examination and rom FSL Madhuban, which has been 4. Relevant part of the said report is Opinion 1:- ….The person who signature stamped an red enclosed questio and marked Q1, Q2. Opinion 2: …The person who wr stamped and marked enclosed questioned marked Q3.” There are specific allegations in hat the petitioner was pressurizing her was also blackmailing her as he was also serious allegations of committin and that he also threatened to kill he tatus report filed by the respondent N ct that specific allegations have bee serious in nature and sufficient incrim investigation against him, this Cour on of the petitioner would be necessar regarding cause of death was obtain cause of death is ‘aluminium phosphi , the suicide note and account openi was written by the deceased were sent ion and the report dated 18.12.2024 w been attached with the status report port is reproduced as under:- who wrote red enclosed standa d and marked A1 to A6 also wrote t estioned signature similarly stamp Q2. o wrote red enclosed standard writin rked A7 to A32 also wrote and r ned writings similarly stamped a ns in the suicide note written by t ng her to take divorce from her husba e was in possession of her photograph mitting rape upon the deceased by t kill her children. Therefore, keeping dent No.1-State as dilated herein abo ve been levelled against the petition t incriminating evidence has come fo Court is of the opinion that custod cessary for recovery of mobile phon obtained sphide ening re sent to 024 was report as andard ote the tamped ritings nd red d and by the husband tographs. d by the eping in in above etitioner, me forth custodial ne of PANKAJ KUMAR 2025.02.24 18:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.660 the petitioner, w for demarcation 9. Hen bail to the petitio 10. How expression of opi February 24, 20 Pankaj* 6607-2025 -5- which is alleged to have been us n of the place of alleged offence. Hence, no ground is made out to gr petitioner. Therefore, the instant petiti However, nothing observed herein of opinion on merits of the case. , 2025 Whether speaking/reasoned Whether reportable sed for threatening the deceased . grant the concession of anticipa t petition stands dismissed. erein above shall be construed to be (NAMIT KUMAR) JUDGE ned : Yes/No : Yes/No and icipatory to be an PANKAJ KUMAR 2025.02.24 18:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh