CRM-M-20668 IN THE HIGH COURT OF PUNJAB AND HARYANA Bhupender @ Shubham State of Haryana CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: - NAMIT KUMAR, J. 1. seeking regular bail in case FIR No.302 dated 19.08.2023 registered under Sections 304 Police Station Kunjpura, District Karnal. 2. received an information regarding commission of suicide by Aarzu wife of Shubham resident of Village Badagaon by way of hanging. The police reached the reported site of occurrence, where the dead body of Aarzu was found hanging with Shekhar (father of the deceased) suffered a statement that marriage of his daughter had been solemnized with the petitioner on 15.06.2020. 20668 of 2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20668 Date of decision Bhupender @ Shubham Versus Haryana CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Ms. Sumit Bajaj, Advocate, for the petitioner. Ms. Priyanka Sadar, Sr. DAG, Haryana. Mr. G.S. Sandhu, Advocate, for the complainant. NAMIT KUMAR, J. Instant petition has been filed under seeking regular bail in case FIR No.302 dated 19.08.2023 registered under Sections 304-B, 34 IPC (Section 498 Police Station Kunjpura, District Karnal. Brief facts of the case are that on 19.08.2023, police eceived an information regarding commission of suicide by Aarzu wife of Shubham resident of Village Badagaon by way of hanging. The police reached the reported site of occurrence, where the dead body of Aarzu was found hanging with chunni Shekhar (father of the deceased) suffered a statement that marriage of his daughter had been solemnized with the petitioner on 15.06.2020. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 20668 of 2024 Date of decision: 23.09.2025 ......Petitioner ......Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Ms. Priyanka Sadar, Sr. DAG, Haryana. Instant petition has been filed under Section 439 Cr.P.C. seeking regular bail in case FIR No.302 dated 19.08.2023 registered B, 34 IPC (Section 498-A IPC added lateron) at Brief facts of the case are that on 19.08.2023, police eceived an information regarding commission of suicide by Aarzu wife of Shubham resident of Village Badagaon by way of hanging. The police reached the reported site of occurrence, where the dead chunni. Complainant-Chander Shekhar (father of the deceased) suffered a statement that marriage of RAVINDER SINGH his daughter had been solemnized with the petitioner on 15.06.2020. 2025.09.29 18:34 I attest to the accuracy and integrity of this document CRM-M-20668 However, soon after the marriage, the petitioner and his family members, namely, Rajbala and Mam Chand i.e. mo father-in-law of the deceased started committing mental and physical cruelty upon the deceased. A complaint was also moved against the accused before Women Cell. Aarzu was stated to be 8 to 9 months pregnant. It was alleged that on 19.08 committed the murder of Aarzu. On the basis of the aforesaid complaint, FIR in question was registered. 3. petitioner is innocent and case. He further contended that the allegations made in the FIR are baseless and frivolous as the petitioner has not committed the alleged offence. He further contended that there is no specific allegation with regard to demand of dowry, t attracted against the petitioner. in the present case is complete; challan has been presented have been framed since 15.09.2023 of trial may take a considerable time, therefore, no useful purpose would be served by detaining the petitioner behind bars. 4. the prayer for grant of regular bail to the petitioner on the ground that the allegations against the petitioner are serious in nature and there is every possibility that 20668 of 2024 However, soon after the marriage, the petitioner and his family members, namely, Rajbala and Mam Chand i.e. mo law of the deceased started committing mental and physical cruelty upon the deceased. A complaint was also moved against the accused before Women Cell. Aarzu was stated to be 8 to 9 months pregnant. It was alleged that on 19.08.2023, petitioner and his parents committed the murder of Aarzu. On the basis of the aforesaid complaint, FIR in question was registered. Learned counsel for the petitioner is innocent and has been falsely He further contended that the allegations made in the FIR are baseless and frivolous as the petitioner has not committed the alleged He further contended that there is no specific allegation with regard to demand of dowry, therefore, Section 304 attracted against the petitioner. He further contended that investigation in the present case is complete; challan has been presented have been framed. He further submitted that p .09.2023 and he is not involved in any other case of trial may take a considerable time, therefore, no useful purpose would be served by detaining the petitioner behind bars. Per contra, learned State counsel has vehemently opposed the prayer for grant of regular bail to the petitioner on the ground that the allegations against the petitioner are serious in nature and there is every possibility that if released on bail, the petitioner ma 2 However, soon after the marriage, the petitioner and his family members, namely, Rajbala and Mam Chand i.e. mother-in-law and law of the deceased started committing mental and physical cruelty upon the deceased. A complaint was also moved against the accused before Women Cell. Aarzu was stated to be 8 to 9 months .2023, petitioner and his parents committed the murder of Aarzu. On the basis of the aforesaid Learned counsel for the petitioner has contended that the has been falsely implicated in the present He further contended that the allegations made in the FIR are baseless and frivolous as the petitioner has not committed the alleged He further contended that there is no specific allegation with herefore, Section 304-B IPC is not He further contended that investigation in the present case is complete; challan has been presented and charges . He further submitted that petitioner is in custody and he is not involved in any other case; conclusion of trial may take a considerable time, therefore, no useful purpose would be served by detaining the petitioner behind bars. , learned State counsel has vehemently opposed the prayer for grant of regular bail to the petitioner on the ground that the allegations against the petitioner are serious in nature and there is released on bail, the petitioner may influence RAVINDER SINGH 2025.09.29 18:34 I attest to the accuracy and integrity of this document CRM-M-20668 the prosecution witnesses of the present case. She has also filed custody certificate dated custody certificate, the custody period of the petitioner is 0 days. 5. the record. 6. petitioner, being the husband of the deceased, has subjected her to persistent harassment and physical cruelty. Earlier also, the deceased had submitt petitioner with regard to giving beating to her. She had also narrated a particular incident that on 25.10.2022 at around 1 o’clock, the petitioner gave beatings to the deceased and her daughter. Alleg levelled in the FIR by the father of the allegations levelled by the deceased in her complaint point towards active involvement of the petitioner in the chain of events leading to the unnatural death of his wife by hanging in her matrimonial home within about three years and two discloses a continuing course of harassment and cruelty. Moreover, at the time of death, wife of the petitioner was 8 such cases, the statutory presumption under Section 113 Evidence Act, 1872 squarely applies and the burden shifts upon the petitioner to rebut the presumption of dowry death, which is matter of trial. 20668 of 2024 the prosecution witnesses of the present case. She has also filed custody certificate dated 22.09.2025 which is taken on record. As per the custody certificate, the custody period of the petitioner is 0 I have heard learned counsel for the parties and perused The allegations levelled in the FIR reveal that the petitioner, being the husband of the deceased, has subjected her to persistent harassment and physical cruelty. Earlier also, the deceased had submitted a complaint to the police authorities against the petitioner with regard to giving beating to her. She had also narrated a particular incident that on 25.10.2022 at around 1 o’clock, the petitioner gave beatings to the deceased and her daughter. Alleg levelled in the FIR by the father of the allegations levelled by the deceased in her complaint point towards active involvement of the petitioner in the chain of events leading to the unnatural death of his wife by hanging in her matrimonial home within about three years and two months of marriage. It further discloses a continuing course of harassment and cruelty. Moreover, at the time of death, wife of the petitioner was 8 such cases, the statutory presumption under Section 113 Evidence Act, 1872 squarely applies and the burden shifts upon the petitioner to rebut the presumption of dowry death, which is matter of 3 the prosecution witnesses of the present case. She has also filed custody .09.2025 which is taken on record. As per the custody certificate, the custody period of the petitioner is 02 year, 07 counsel for the parties and perused The allegations levelled in the FIR reveal that the petitioner, being the husband of the deceased, has subjected her to persistent harassment and physical cruelty. Earlier also, the deceased ed a complaint to the police authorities against the petitioner with regard to giving beating to her. She had also narrated a particular incident that on 25.10.2022 at around 1 o’clock, the petitioner gave beatings to the deceased and her daughter. Allegations levelled in the FIR by the father of the deceased coupled with the allegations levelled by the deceased in her complaint point towards active involvement of the petitioner in the chain of events leading to the unnatural death of his wife by hanging in her matrimonial home within months of marriage. It further prima facie discloses a continuing course of harassment and cruelty. Moreover, at the time of death, wife of the petitioner was 8-9 months pregnant. In such cases, the statutory presumption under Section 113-B of the Indian Evidence Act, 1872 squarely applies and the burden shifts upon the petitioner to rebut the presumption of dowry death, which is matter of RAVINDER SINGH 2025.09.29 18:34 I attest to the accuracy and integrity of this document CRM-M-20668 7. case concerns the unnatural death of a young m few years of her marriage, when she was carrying a child in her womb. A dowry death is not merely a crime against an individual but a grave assault upon the conscience of society. The voice of the deceased, now silenced forever, sur whose testimonies cannot be brushed aside in the social context of our country, where daughters, even after marriage, continue to repose. In balancing the competing claims of liberty of the accused and the r of the victim to justice, the gravity of the allegations and the circumstances of the case persuade this Court to exercise greater circumspection. In such matters, the demand of justice outweighs the plea for liberty. The mere fact of custody when t underway does not by itself entitle the petitioner to the concession of bail at this stage. 8. 9. a final expression of opinion 23.09.2025 R.S. 20668 of 2024 This Court cannot lose sight of the fact that the present case concerns the unnatural death of a young m few years of her marriage, when she was carrying a child in her womb. A dowry death is not merely a crime against an individual but a grave assault upon the conscience of society. The voice of the deceased, now silenced forever, survives only through the evidence of her parents, whose testimonies cannot be brushed aside in the social context of our country, where daughters, even after marriage, continue to repose. In balancing the competing claims of liberty of the accused and the r of the victim to justice, the gravity of the allegations and the circumstances of the case persuade this Court to exercise greater circumspection. In such matters, the demand of justice outweighs the liberty. The mere fact of custody when t underway does not by itself entitle the petitioner to the concession of bail at this stage. Accordingly, the present petition is d However, nothing stated hereinabove shall be construed as a final expression of opinion on the merits of the case. Whether speaking/reasoned Whether Reportable 4 This Court cannot lose sight of the fact that the present case concerns the unnatural death of a young married woman within a few years of her marriage, when she was carrying a child in her womb. A dowry death is not merely a crime against an individual but a grave assault upon the conscience of society. The voice of the deceased, now vives only through the evidence of her parents, whose testimonies cannot be brushed aside in the social context of our country, where daughters, even after marriage, continue to repose. In balancing the competing claims of liberty of the accused and the right of the victim to justice, the gravity of the allegations and the circumstances of the case persuade this Court to exercise greater circumspection. In such matters, the demand of justice outweighs the liberty. The mere fact of custody when the trial is already underway does not by itself entitle the petitioner to the concession of Accordingly, the present petition is dismissed. However, nothing stated hereinabove shall be construed as on the merits of the case. (NAMIT KUMAR) JUDGE : Yes/No : Yes/No RAVINDER SINGH 2025.09.29 18:34 I attest to the accuracy and integrity of this document