CRM-M IN (139) SOHAN LA STATE OF CORAM: Present: KIRTI SIN 1. is for gran 17.05.2025 District Yam 2. M-71301-2025 -1- IN THE HIGH COURT OF PUN CHANDIGA AN LAL Versus E OF HARYANA AM: HON'BLE MS. JUSTICE KIR Mr. Dhruv Gupta, Advocate an Mr. Gagandeep Singh, Advoca for the petitioner. Mr. Anmol Malik, DAG, Hary **** TI SINGH, J. (ORAL) Prayer in the present petition f r grant of regular bail to the petitio .2025, under Sections 80 of BNS, reg ict Yamuna Nagar (Annexure P-1). The translated version of the F "To SHO Sahib, Police Sta Sir, I request that I am Sanjeev K village Dhulkot near Jaggi City C two brothers and a sister named great pomp to Moti S/O Sohan 23.10.2023. My mother is a widow to which when my sister wanted to her to talk and used to taunt her fo My mother's health was very bad called my brother-in-law Moti, the my sister at home saying that I an who would bring a car, you h grandmother went to leave my convincing her, and the same thin Her family treated her very badl - F PUNJAB & HARYANA AT DIGARH CRM-M-71301-2025 Date of Decision: 16.03.2026 ......Petitioner ersus .....Respondent E KIRTI SINGH cate and dvocate , Haryana. tition filed under Section 483 of BNSS petitioner, in case FIR No. 121 date S, registered at Police Station Chhapa f the FIR is reproduced below:- Station Chhapar, District Yamuna Naga ev Kumar S/O Rakesh Kumar, resident ity Centre and work as a labourer. We a med Manisha and she was married wi han Lal of village Janak Ka Majra idow and her health is also not good d ed to talk to her, her in-laws did not allo er for bringing less dowry after marriag bad for the last few days, about which i, then he also started abusing me and l I and my family wanted a daughter-in- u have brought ruin to the house. M my sister at her in-laws' place aft thing happened with her at her in-law badly and said that today she was sav .2026 f BNSS, 1 dated hhapar, Nagar. dent of We are d with jra on od due t allow rriage. hich I nd left -law e. My after laws. saved SWARNJIT SINGH 2026.03.17 12:49 I attest to the accuracy and integrity of this document CRM-M 3. has been fa lodged by harassment demand of petitioner a unfortunate approximat whatsoever petitioner, o support his reliance ha and P-4, w birthdays a cordial an petitioner h and has c corroborate M-71301-2025 -2- because of her grandmother, who used to come home, her three sis law and family members used to saying what have your family mem now. My family members made matrimonial home. But today on 1 said that Manisha's health has hospital, the doctor declared my had happened, he cursed us. They the police vehicle 112 in this rega her husband Monty, father-in-law Devi, sister-in-law Ritu, sister-in died. I request you with folded ha be taken against them, it will be yo SD SANJEEV KUMAR MOB NO Learned counsel for the petit een falsely implicated in the present ed by the complainant, who is the b sment of his sister (since deceased) by nd of dowry. It is submitted that the ioner and the deceased was solemni rtunate death occurred on 16.05.2025. oximately one and a half years of soever was ever lodged by the de ioner, or any other family member bef ort his contention with respect to the h nce has been placed upon the photog 4, which depict the son of the petitio days and sharing congenial moments, ial and harmonious matrimonial relat ioner has already undergone an actual c has clean antecedents. There is no borate the allegations particularly with - who will save her in future? Whenever s e sisters-in-law, mother-in-law, father d to call her and ask her to bring dow members given us, we are trouble for y ade her understand and left her at h on 16.05.2025 at 8.30 PM, she called a has deteriorated. When we reached t my sister dead. When we asked him wh They started talking badly to us and call regard. The reason for my sister's death law Sohan Lal, mother-in-law Jagindr in-law Manisha, Anita, due to whom s d hands that strictest legal action shou be your great kindness, thank you. NO-82958xxxx 17.05.2025.” e petitioner submits that the petition resent case on the basis of a complai the brother of the deceased, allegin sed) by the petitioner and his family fo at the marriage between the son of th lemnized on 23.10.2023, whereas th .2025. During the intervening period o rs of matrimonial life, no complai the deceased against the son of th er before the competent authorities. T o the happy marital life of the decease hotographs annexed as Annexures P petitioner and the deceased celebratin ments, thereby prima facie reflecting l relationship. It is submitted that th ctual custody of 09 months and 07 day is no cogent evidence on record ly with respect to the petitioner. He als er she her-in- dowry, or you at her ed and ed the what called eath is indron om she should etitioner mplaint alleging mily for n of the reas the eriod of mplaint of the ities. To eceased, res P-3 ebrating ecting a that the 07 days cord to He also SWARNJIT SINGH 2026.03.17 12:49 I attest to the accuracy and integrity of this document CRM-M submits tha 4. submission petitioner w filed custod per custody months and 173 Cr.P.C framed on been partly the petitione 5. parties. The 6. observation CBI, (2012 M-71301-2025 -3- its that the complainant has been exam Per contra, learned State coun issions made by the learned counsel fo ner was actively involved in the co custody certificate in Court today and ustody certificate, the petitioner has u and 07 days. Investigation is compl Cr.P.C. was presented before the con d on 20.10.2025 and out of a total of partly examined. He submits that in vi etitioner, he is not entitled to the conces Heard the rival submissions m es. The following points have been not (i) Marriage between the deceased was solemnized unfortunate occurrence. (ii) No complaint moved by th other family member, made du marriage, has been brought on (iii) Prima facie, no specific the FIR as to when and how by the present petitioner, or a out pursuant to the same. Before proceeding, a gainful rvations passed by the Hon'ble Supre 2012) 1 SCC 40, relevant paras wher "21. In bail applications, gener earliest times that the object of accused person at his trial by rea bail is neither punitive nor preven considered a punishment, unles accused person will stand his tri more than verbal respect to the p - n examined in chief on 13.03.2026. te counsel has vehemently opposed th nsel for the petitioner. He states that th the commission of the offence. He ha ay and the same is taken on record. A has undergone an actual custody of complete. The final report under Sectio he concerned Court. The charges we tal of 21 prosecution witnesses, one h in view of the serious allegations again oncession of regular bail. sions made by learned counsel for th en noticed: n the son of the petitioner and th zed almost two years prior to th by the sister of the complainant, or an ade during the subsistence of the ght on record. ecific allegations have been levelled how the demand for dowry was mad r, or any harassment/cruelty was mete ainful reference can be made to th Supreme Court in Sanjay Chandra s whereof reads thus: enerally, it has been laid down from t of bail is to secure the appearance of t y reasonable amount of bail. The object reventative. Deprivation of liberty must unless it is required to ensure that is trial when called upon. The courts ow the principle that punishment begins aft sed the that the He has ord. As y of 09 Section were one has s against for the and the to the t, or any elled in as made s meted to the dra v. om the of the ject of ust be at an ts owe s after SWARNJIT SINGH 2026.03.17 12:49 I attest to the accuracy and integrity of this document CRM-M 7. bail, the C evidence, m the punishm material on 8. that charge out of 21 the proceed The petitio months an antecedents 9. against the determined parameters of the natu accused, an M-71301-2025 -4- conviction, and that every man is and duly found guilty. 22. From the earliest times, custody pending completion of tri From time to time, necessity dem should be held in custody pendin the trial but in such cases, "ne country, it would be quite contra enshrined in the Constitution th respect of any matter, upon which any circumstances, he should be belief that he will tamper with the most extraordinary circumstances Trite to say that at the stage the Court, though not required to nce, must take into consideration the unishment and prima facie, the invo rial on record. Reverting to the case in hand charges came to be framed on 20.10 cited prosecution witnesses has roceedings, thus, indicates that the co petitioner has already remained in ac and 07 days. It is also not dis edents and is not involved in any othe While the truthfulness or othe st the petitioner, and the culpabilit mined on the touchstone of evidenc eters governing the grant of bail nec e nature of accusation, the stage of sed, and the likelihood of his abscond - n is deemed to be innocent until duly tri es, it was appreciated that detention of trial could be a cause of great hardsh demands that some unconvicted perso ending trial to secure their attendance "necessity" is the operative test. In th ontrary to the concept of personal liber n that any person should be punished ich, he has not been convicted or that d be deprived of his liberty upon only t h the witnesses if left at liberty, save in t nces." tage of considering a petition seekin d to make a roving inquiry into th on the nature of the offence, severity o e involvement of the accused and t hand, it is borne out from the recor 0.2025. Yet, only the complainan been partly examined. The pace o the conclusion of trial is not imminen d in actual custody for a period of ot disputed that he has no crimin y other case. or otherwise of the allegations levelle pability, if any, would be tested an vidence during the course of trial, th ail necessitate a balanced consideratio ge of the trial, the antecedents of th bsconding or influencing the course o y tried tion in rdship. ersons nce at In this liberty hed in that in nly the in the seeking into the erity of and the e record lainant, pace of minent. d of 09 criminal levelled ted and rial, the deration s of the ourse of SWARNJIT SINGH 2026.03.17 12:49 I attest to the accuracy and integrity of this document CRM-M justice. 10. the petition conduct o consideratio the merits opinion tha pace of the undergone, personal lib the right t incarceratio incarceratio future, wou rule and jai in Dataram 22. 11. may prejud ordered to bonds to Magistrate. M-71301-2025 -5- Presently, no material has been etitioner poses a flight risk or that h uct of the trial. Therefore, upon iderations stated herein-before, and w erits of the case lest it may prejudi ion that the continued detention of the of the proceedings and the substantia rgone, would not advance the caus nal liberty under Article 21 of the Con right to a speedy trial, obliges the ceration does not assume a puni ceration, without the prospect of the e, would also run contrary to the settl and jail is the exception’, as reaffirme taram Singh vs. State of Uttar Pra Without commenting anything prejudice the trial, the present petitio red to be released on regular bail on h s to the satisfaction of the conc istrate. The petitioner shall also abide b (i) The petitioner will not tam during the trial. (ii) The petitioner will not pr witness(s). (iii) The petitioner will appea - as been placed on record to suggest th that his release would impede the fa upon taking into account all th and without expressing an opinion o udice the trial, this Court is of th of the petitioner, in the backdrop of th stantial period of incarceration alread e cause of justice. The guarantee o he Constitution of India, which include es the Court to ensure that pre-tri punitive character. The prolonge of the trial being concluded in the ne e settled legal principle that ‘bail is th ffirmed by the Hon’ble Supreme Cou r Pradesh and another (2018) 3 SC ything on the merits of the case, lest petition is allowed and the petitioner il on his furnishing adequate bail/sure concerned learned trial Court/Du abide by the following conditions:- not tamper with the evidence not pressurize/intimidate the prosecutio appear before the trial Court on the date gest that the fair all the nion on s of the p of the already e of includes trial olonged the near il is the e Court 3 SCC e, lest it tioner is il/surety urt/Duty secution he date SWARNJIT SINGH 2026.03.17 12:49 I attest to the accuracy and integrity of this document CRM-M 12. prosecution before this 13. prosecution before this 13. expression proceed ind are only for 14. disposed of March 16 SwarnjitS M-71301-2025 -6- fixed, unless personal pre (iv) The petitioner shall not c offence of which he is ac which he is suspected. (v) The petitioner shall not d inducement, threat or pro with the facts of the case disclosing such facts to th tamper with the evidence (vi) The petitioner shall not m with the prosecutrix/victi device or in person. In case of breach of any cution shall be at liberty to move an a re this Court. However, nothing stated abov ession of opinion on the merits of th eed independently of the observations nly for the purpose of adjudicating the Pending miscellaneous appl sed of. 6, 2026 Whether speaking/reasoned : Whether reportable : - nal presence is exempted. t commit an offence similar to the e is accused of, or for commission of l not directly or indirectly make any or promise to any person acquainted e case so as to dissuade him from ts to the Court or to any police officer o idence. l not make any attempt to reassociate x/victim in any manner either through a any of the above conditions, th e an application for cancellation of ba d above shall be construed as a fin of the case and the trial Court wou ations made in the present case whic ng the present bail petition. application(s), if any, also stand (KIRTI SINGH) JUDGE Yes/No Yes/No the n of ny ted ficer or ough a ns, the n of bail a final t would e which stands SWARNJIT SINGH 2026.03.17 12:49 I attest to the accuracy and integrity of this document