Extracted from the PDF above. The PDF is authoritative.
CRM-M-20674-2025 -1- 209 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20674-2025 Date of decision: 07.05.2025 GURPREET ...Petitioner(s) VERSUS STATE OF HARYANA ...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Rajat Khanna, Advocate for the petitioner. Mr. Vishal Kashyap, DAG, Haryana. **** JASGURPREET SINGH PURI, J. (Oral)
1. The present petition has been filed under Section 482 of the BNSS, 2023 for the grant of anticipatory bail to the petitioner in FIR No.42 dated 16.03.2025, under Section 108 of BNS, 2023, registered at Police Station Saha, District Ambala, Haryana.
2. On the last date of hearing i.e. 22.04.2025, notice of motion was issued and in pursuance thereof, status report by way of an affidavit of Deputy Superintendent of Police, Barara, District Ambala dated 03.05.2025 has been filed on behalf of the State of Haryana and the same is taken on record.
3. A copy of the aforesaid status report has already been supplied to the learned counsel for the petitioner, who has stated that he has gone through the same.
CHETAN THAKUR 2025.05.12 17:36 I attest to the accuracy and authenticity of this order/judgment.
CRM-M-20674-2025 -2-
4.
Learned counsel for the petitioner submitted that as per the allegations, a complaint was made by the grand-father of the deceased by stating that his minor grand-daughter committed suicide by hanging herself and she has been buried and the said incident took place on 14.03.2025. It was further alleged by the complainant that on 16.03.2025, the sister of the deceased informed him that the deceased minor girl was talking to the present petitioner, namely, Gurpreet on Instagram ID of one Rahul Kashyap and on 14.03.2025 before committing suicide, the deceased held the petitioner liable for her death and with regard to the same, there is an audio recording available on Instagram on the mobile phone of the deceased. It was also alleged by the complainant that the deceased was forced to commit suicide as a result of harassment caused by the petitioner.
5.
Learned counsel for the petitioner further submitted that the deceased minor girl was an orphan and she alongwith her other sisters was under the care of her grand-father, who is the complainant in the present case and because of the aforesaid reason, she was suffering from depression due to which she committed suicide and not because of the present petitioner and therefore, the petitioner may be considered for the grant of anticipatory bail. 6. On the other hand, Mr. Vishal Kashyap, DAG, Haryana while referring to the aforesaid status report filed in the Court today submitted that the complainant produced one mobile phone having SIM No.87089-45470, in which there was a recorded message sent by the deceased minor girl on 14.03.2025 at about 11:49 A.M. on Instagram of the petitioner, wherein it was CHETAN THAKUR 2025.05.12 17:36 I attest to the accuracy and authenticity of this order/judgment. CRM-M-20674-2025 -3- recorded that “Meri Maut ka jimmewar Gurpreet howega”. He further submitted that the aforesaid Gurpreet is the present petitioner and because of relationship between the petitioner and the deceased and harassment caused by the petitioner, the deceased committed suicide and she was a minor girl of the age of about 16-17 years. He also submitted that in view of the aforesaid facts and circumstances which have caused death of the deceased minor girl and considering the aforesaid audio message being found to be recorded on Instagram of the petitioner, the custodial interrogation of the petitioner is required for the purpose of elicitation of truth and has referred to the judgment passed by Hon’ble Supreme Court in State represented by CBI versus Anil Sharma, 1997 (7) SCC 187 in this regard. 7. I have heard the learned counsels for the parties. 8. The present petition has been filed by the petitioner for grant of anticipatory bail. The aforesaid FIR was registered on the basis of information given by the grand-father of the deceased, who was a minor girl of the age of about 16-17 years. The cremation of the deceased had taken place but thereafter, on the basis of secret information, in the presence of police and Duty Magistrate, the dead body of the deceased was exhumed and thereafter, as per the learned State counsel, postmortem was conducted and it was found that the death has been caused by way of asphyxia.
The police was also informed that the petitioner was regularly in touch with the deceased on Instagram and a recorded message was found which was sent by the deceased minor girl on 14.03.2025 on the Instagram of the petitioner, wherein it was recorded that
“Meri Maut ka jimmewar Gurpreet howega”. CHETAN THAKUR 2025.05.12 17:36 I attest to the accuracy and authenticity of this order/judgment. CRM-M-20674-2025 -4-
9. It was the argument of the learned counsel for the petitioner that the deceased had died because she was suffering from depression being an orphan and was having a dispute with her grand-father. However, it was the argument of the learned State counsel that the petitioner was regularly in touch with the aforesaid deceased on Instagram for a long period of time and she had so specifically stated in the aforesaid recorded message that the petitioner would be responsible for her death. 10. After hearing the learned counsels for the parties and perusing the aforesaid FIR and the status report filed by the respondent-State, this Court is of the considered view that it is a fit case where the custodial interrogation of the petitioner is required for the purpose of elicitation of truth and therefore, the petitioner does not deserve the concession of anticipatory bail. 11. Consequently, the present petition is hereby dismissed. 12. However, anything observed hereinabove shall not be treated as an expression of opinion on the merits of the case and is meant for the purpose of deciding the present petition only. (JASGURPREET SINGH PURI) 07.05.2025 JUDGE Chetan Thakur Whether speaking/reasoned : Yes/No Whether reportable : Yes/No CHETAN THAKUR 2025.05.12 17:36 I attest to the accuracy and authenticity of this order/judgment.