CRM-M-32493-2025 -1- 110 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32493-2025 DECIDED ON: 16.06.2025 SHARDHA RANI .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Satnam Singh Thakur, Advocate for the petitioner. SANDEEP MOUDGIL, J (ORAL) 1. Prayer The jurisdiction of this Court has been invoked under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR bearing No.38 dated 13.05.2025, Under sections 80, 3(5) of BNS, 2023 registered at Police Station Sadar Abohar, District Fazilka (Annexure P-1). 2. Prosecution story setup in the present case as per the version in the FIR as under:- “Statement of Charanjit son of Lal Chand son of Manful, resident of Village Raipura, age about 20 years, 8054438520, stated that I am a resident of the above address and I am studying in B.A. final year at Guru Nanak Khalsa College Abohar. We are four siblings, the eldest is my sister Rita, the youngest is Pooja and the youngest is myself and my younger brother is Balvir Chand. We had married my elder sister Rita on 18.04.2025 with Manoj Kumar son of Gobind Ram resident of Ward No. 10 Water Works Road Mandi Kalia, Haryana according to MEENU 2025.06.16 17:51 I attest to the accuracy and integrity of this document CRM-M-32493-2025 -2- the customs and had given dowry according to her status. My sister Rita came to meet us in village Raipura for the first time after about a week after her marriage. Who told me and our family that you have married me to Manoj Kumar but I did not find that family suitable. To which my parents and I explained to her that there was no such thing. After which my sister stayed with us for two-three days, her in-laws came and took my sister to their house in Mandi Kalia. Now last week my father brought my sister to our village Raipura to which my sister Rita was a little worried, we asked her the reason for her worry, then my sister Rita told me and my family that my mother-in-law Sharda Rani and my elder sister-in-law Seema Rani, who are married but are living in their parents' house, and over small matters my mother-in- law and my sister-in-law keep inciting my husband against me. To which my parents and I explained that you are still new, you are feeling something after going to a new family. Gradually, you will adjust to that family on your own and you will come to know about the living conditions of your in-laws. If any problem still arises then tell us Devi, sit with your in-laws and resolve the issue, who told me and my family that the biggest problem is that my mother-in-law and maternal grandmother Seema Rani and husband Manoj Kumar taunt me for not bringing a motorcycle as dowry and say that being the daughter of a police officer, why don't you bring a motorcycle from your father? If you want to live in our house, then bring a motorcycle from your father's side. On which we sent a message to my sister's in- laws and called them home. On which on Sunday, 11.05.2025, my brother-in-law Manoj Kumar, his younger brother Surinder Kumar and elder sister Seema Rani came to our house in a car. To which we all explained the family. On which my brother-in-law and his elder sister Seema Rani assured our family that there would be no such thing in future. Trusting them, we sent my sister Rita to her in-laws' house at around 5 pm that same day. Yesterday, on 12.05.2025, at around 9 pm, my father Lal Chand, my sister's father-in-law Gobind Ram, told me over the phone that your daughter has eaten/drank something poisonous. She is foaming from her mouth and cannot speak. Due to which my father's duty, I and my friend Pankaj Kumar, a resident of village Kera Khera, took a rented car and reached my sister's in-laws' house in Mandi Kalia at around 12.30 pm and when we went, we saw that my sister was lying unconscious. She was foaming from her mouth. I shook her a lot and she was unconscious, so my friend Pankaj and I were taking my sister Rita to Abohar for treatment, when we reached near the village of Chakdra, my sister died. Due to which both of us were very scared and we did not know what to do now. After some time, I controlled myself and told my parents about my sister's death and came to Abohar with the dead body of my sister Rita. After informing you, you kept my sister's body MEENU 2025.06.16 17:51 I attest to the accuracy and integrity of this document CRM-M-32493-2025 -3- in the morgue of the Civil Hospital, Abohar. My sister Rita died due to harassment and incitement by my brother-in-law Manoj Kumar, the above-mentioned mother-in-law Sharda Rani and sister-in-law Seema Rani, wife Satish Kumar, regarding dowry. My brother-in-law Manoj Kumar, mother-in-law Sharda Rani and sister-in-law Seema Rani Uktan are responsible for the death of my sister Rita. Against whom appropriate legal action should be taken. You have written and read my statement in the presence of my father, it is correct. Signature in English Charanjit Uktan, attested statement Lal Chand son of Manful Chand resident of village Raipura (father), attested correct/ Suresh Kumar ASI Police Station Sadar Abohar Date: 13-05-2025. ” 3. Contention On behalf of the petitioner Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, which has arisen out of a baseless allegation regarding a demand for dowry in the form of a motorcycle. It is further submitted that the father of the deceased is a Police Officer, who allegedly misused his official position to ensure the registration of the present FIR against the entire family of the petitioner. Learned counsel also submits that the petitioner is ready and willing to join the investigation and extend full cooperation to the Investigating Agency. Notice of motion. On behalf of the State/complainant On the asking of Court, Mr. Jasjit Singh Rattu, DAG Punjab, accepts notice on behalf of respondent/State. He prays for dismissal of the present petition stating that there is a specific demand of motorcycle made by the petitioner, who is mother-in-law of the deceased and due to persistent harassment and mental torture, the deceased was compelled to consume a poisonous substance. MEENU 2025.06.16 17:51 I attest to the accuracy and integrity of this document CRM-M-32493-2025 -4- 4. Analysis Upon consideration of the submissions and material on record, this Court is of the view that the deceased consumed a poisonous substance on her own, and the allegation regarding the demand for a motorcycle appears to be vague, lacking any specific date or time. Notably, a similar allegation made against the sister-in-law, Seema Rani, who resides separately, was found to be false, as is evident from the order dated 28.05.2025 vide which the co-accused Seema Rani has already been granted the concession of interim bail by the trial Court, which was made absolute on 02.06.2025. Furthermore, the trial Court committed a grave error in declining bail on the mere assumption that the petitioner may flee abroad, despite the fact that she does not possess a passport, as has been clearly stated both in para 6 of the petition and before this Court. It is also the specific case of the petitioner that the marriage was simple in nature and that no dowry was ever demanded from the family of the deceased/complainant. In the light of above, this Court is of the considered view that there is no valid or cogent reason to deny the bail to the present petitioner, wherein she has bona fide intentions and is ready and willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency in time. 5. Relief:- Hence, the petitioner is directed to be released on anticipatory bail subject to her joining investigation with the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to his satisfaction. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS, which are reproduced below:- MEENU 2025.06.16 17:51 I attest to the accuracy and integrity of this document CRM-M-32493-2025 -5- ‘When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.’ However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within a period of one week, the order passed by this Court today shall automatically stands cancelled. In the aforesaid terms, the present petition stands allowed. (SANDEEP MOUDGIL) 16.06.2025 JUDGE Meenu Whether speaking/reasoned Yes/No Whether reportable Yes/No MEENU 2025.06.16 17:51 I attest to the accuracy and integrity of this document