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CRM-M-43015-2025 1 202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-43015-2025 Date of Decision: 13.08.2025 Jatinder Singh
.....Petitioner Versus State of Punjab .....Respondent
CORAM : HON'BLE MS. JUSTICE
SHALINI SINGH NAGPAL
Present: Mr. Manjit Singh Uppal, Advocate for the petitioner. Mr. Hardeep Singh Wadhwa, DAG, Punjab. **** SHALINI SINGH NAGPAL
, J. (Oral)
1. First petition under Section 483 Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner for grant of regular bail in case vide FIR No.88 dated 19.09.2024 registered under Sections 85/108 of Bharatiya Nyaya Sanhita, 2023, Police Station Joga, District Mansa, Punjab.
2. The first information report was registered on complaint of deceased Pritpal Kaur wife of Jatinder Singh son of Nek Singh, who stated that she was resident of Village Ralla. About 06 years ago, her marriage was solemnized with Jatinder Singh and out of the wedlock two daughters, namely, Gurnoor Kaur and Harleen Kaur were born. They were residing separately from her parents-in-law. After one and half years of marriage, her husband Jatinder Singh started harassing her. To resolve their disputes, many times relatives collected but her husband did not mend his ways. On 16.09.2024, he came back from work, quarreled with her without any reason and thrashed her. She requested him to let her live and told him that she would go to her parental home the next day, yet, he did not stop harassing her and forced her to commit NEERAJ 2025.08.13 18:48 I attest to the accuracy and integrity of this document
CRM-M-43015-2025 2 suicide. She consumed poison at home. Thereafter, her husband got her admitted in Ankush Hospital, Mansa, where she was under treatment. She stated that her husband would be responsible if anything happened to her. She consumed poisonous medicine out of annoyance with her husband.
3.
Learned counsel for the petitioner inter alia submits that the complaint which was the basis of the FIR was an afterthought. In fact, deceased Pritpal Kaur consumed poisonous medicine at home when petitioner was away and on receiving information from a neighbour, petitioner rushed to the aid of the deceased and shifted her to hospital. The very next day, on 17.09.2024 police recorded statement of the deceased, who stated that she had consumed poisonous medicine and her husband got her admitted in Ankush Hospital for treatment. She told the police that she did not wish to take any action against anyone and that she would take action after consulting her family.
4.
Learned counsel further argued that though, the police had registered case under Sections 85 and 108 of BNS, no such offences were made out against the petitioner. The second complaint on which FIR was registered was result of instigation by brother of the deceased. Moreover, investigation in the case was complete, challan had been presented and charges were also framed. The petitioner was in custody for last ten months and deserved to be enlarged on regular bail.
5. Notice of motion.
6. Learned State counsel, who has advance notice of the petition, appeared on behalf of the respondent-State of Punjab. He placed on record custody certificate and submited that no reply to the bail application is to be filed by the State and that he is ready to address arguments. He argued that there were specific and serious allegations of abetment of suicide against the petitioner and in view of gravity of the crime, petitioner did not deserve the NEERAJ 2025.08.13 18:48 I attest to the accuracy and integrity of this document
CRM-M-43015-2025 3 concession of bail.
7. Whether or not the offence under Section 306 IPC will be made out against the petitioner on the basis of the allegations, would be moot point during the trial. Investigation of the case is complete and challan has been presented in the Court. Trial will take time to conclude. There is no apprehension expressed that petitioner would evade the process of law. His antecedents are clean. He has two small children to support. Further incarceration of the petitioner is not warranted.
8. Without commenting on the merits of the case, keeping in view the fact that petitioner is in custody with effect from 07.10.2024 i.e. for about 10 months and 06 days, he is ordered to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
9. All the pending miscellaneous applications, if any, stands
disposed of.
(SHALINI SINGH NAGPAL) JUDGE 13.08.2025 neeraj Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No NEERAJ 2025.08.13 18:48 I attest to the accuracy and integrity of this document