Anjali v. State of Punjab and Anr

ANOOP CHITKARA, J. FIR No. Dated Police Sta-on Sec-ons 198 22.09.2024 City-1 Abohar, District Fazilka 108, 3(5) of BNS, 2023

¶1The pe!!oner apprehending arrest in the FIR cap!oned above has come up before this Court under Sec!on 482 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an!cipatory bail.

¶2In paragraph 15 of the bail pe!!on, the accused declares that he has no criminal antecedents.

¶3The facts and allega!ons are being taken from the reply-cum-status report dated

21.11.2024 filed by the State, which reads as follows: "4. That, at the outset, FIR in ques"on was registered against two accused persons namely 1. Anjali D/o. Tilak Raj, R/o. 08-Balvir Bas" le) Side, Faridkot City, Faridkot, Punjab, India. 2. Tilak Raj S/o. Nathu Ram, R/o. 08-Balvir Bas" le) Side, Faridkot City, Faridkot, Punjab, India on the statement of Jyo" daughter of Sh. Krishan Kumar (wife of late Sh. Mohit), Resident of Street No.0, Sant Nagar Abohar, District Fazilka; Now residing near Goel Nursing Home, Jaitu, Tehsil Jaitu, District Faridkot, Punjab, who stated that on 16.07.2024 she solemnized love marriage with Mohit Son of Shiv Kumar, Resident of Street No.0, Sant Nagar, Abohar. A)er marriage they remained at Chandigarh and from 01.09.2024 they started residing in house of Om order/judgment. 1 Parkash as tenant and they were living happily married life. Her heart surgery was conducted at Chandigarh and due to infec"on, her husband Mohit talked with her mother Rekha Devi wife Krishan Kumar, resident of near Goel Nursing Home, Jaitu and called her. On

19.09.2024 she taken her at Abohar for treatment. Her husband sent her with his sweet will at Jaitu. On 21.09.2024 she talked with her husband several "mes, who seems to be under pressure, from whom I inquired several "mes, but he replied that he is suffering from fever and for that reasons 'I am depressed'. Yesterday through my rela"ves, I came to know that "my husband Mohit has commiCed suicide by strangula"on himself from whom one suicide note is recovered, in which he has disclosed about the pressure put by Anjali daughter of Tilak Raj and Tilak Raj S/o. Nathu Ram, R/o. Balvir Bas", St. No.8, Faridkot. I remained with Anjali in live in rela"onship for about 4 years and a)er that Mohit entered in her life and I performed love marriage with Mohit, due to which Anjali and her father Tilak Raj were annoyed with them and from whose maltreatment, her husband has commiCed suicide by strangula"ng himself, so, ac"on be taken against them. On

22.09.2024 the above referred accused have also done, so, from the statement, ingredients of commission of offence under sec"on 108, 3(5) of BNS-23 have been found to be fulfilled. Accordingly, FIR in ques"on was registered."

¶4Counsel for the pe!!oner has referred to the por!on of the suicide note, which read as under: "MAIN MAR RAHA HUN, Anjali Tilakraj KI VAJAH SE, MUJE DEPRESSION MAIN DALL KE YE SUKHI HAI, SorryGood by Mohit."

¶5Counsel for the pe!!oner has argued that perusal of the suicide note shows that nothing has been men!oned about the harassment alleged to be given by Anjali & Tilak Raj. It is only wriFen that the deceased was under depression because of Anjali & Tilak Raj and that could not be considered as harassment which ins!gate the deceased to commit suicide. He further argued that there is nothing on record to show that there is any harassment on the part of the pe!!oner. Even the alleged suicide note did not bear any date & !me nor explana!on of any harassment which was given by the pe!!oner to the deceased and when, which itself shows that the pe!!oner has been falsely implicated in the present case. He further argued that the pe!!oner is resident of Faridkot, whereas the deceased was residing in Abohar. He further argued that a compromise dated 27.09.2024 has been effected between the par!es, the said order/judgment. 2 compromise has already been placed on record as Annexure P-2.

¶6The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and their family.

¶7The State's counsel opposes bail and refers to the reply.

¶8It would be appropriate to refer to the following por!ons of the reply, which read as follows: "9. That during inves"ga"on on 22.09.2024 Jyo" daughter of Sh.Krishan Kumar (wife of late Sh.Mohit), has recorded her statement before inves"ga"ng officer, who reached on the spot, where Om Parkash S/o. Dial Chand met the police party, who disclosed that Mohit Kumar S/o. Shiv Kumar, R/o. Gali No.0, Sant Nagar, Abohar, was residing in first floor of his house, who has commiCed suicide by strangula"ng himself with fan. Upon which, inves"ga"ng officer went inside the room and saw that dead body of Mohit was hanging with fan, whose dead body was removed down in presence of owner of house and on checking of clothes of deceased One Mobile Phone, One purse and from the le) pocket of lower worn by deceased, one suicide note was recovered, which was wriCen on half page of lining copy, in English and Hindi languages with red ink pen, details of which are as; " MAIN MAR RAHA HUN, Anjali Tilakraj KI VAJAH SE. MUJEY DEPRESSION MAIN DALL KE YE SUKHI HAIN, Sorry Good by Mohit", which was taken in to police possession vide separate memo and a)er arranging vehicle dead body was kept in dead house of Civil Hospital, Abohar. Due to none presence of family member on the spot, on return to the police party, the inves"ga"ng got entered Rapat No.47 dated 21.09.2024. Again, inves"ga"ng officer reached at Civil Hospital, Abohar with HC Sunil Kumar No.113/Fzk. and PHG Jai Chand No. 6751, where Jyo" with her brother in law Rohit son of Shiv Kumar son of Sohan Lal along with other rela"ves met him, who also get recorded his statement, which was read over and explained to him, who a)er admiOng the same to be correct, put his signatures in English and witnesses also signed it and same was iden"fied by the inves"ga"ng officer. Since the ingredients of offences under sec"on 108, 3(5) of BNS-23 were fulfilled, so, statements for registra"on of FIR were sent through PHG Jai Chand No.6751 to the police sta"on and order/judgment. 3

¶10That in compliance to the order dated 18.10.2024 passed by this Hon'ble Court, it is submiCed as under: A-THE ROLE OF THE PETITIONER: It is submiCed that the complainant suffered statement before inves"ga"ng officer and aCributed specific role to the present pe""oner sta"ng therein that on 21.09.2024 she talked with her husband several "mes, who seems to be under pressure, from whom, she inquired several "mes, but he replied that "I am suffering from fever and for that reasons 'I am depressed'. Further she stated that through her rela"ves, she came to know that "my husband Mohit has commiCed suicide by hanging himself, from whom one suicide note is recovered, in which he has disclosed about the pressure put by Anjali daughter of Tilak Raj, Tilak Raj S/o. Nathu Ram, R/o. Balvir Bas", St. No.8, Faridkot". Further, she stated that "I remained with Ajali in Live in Rela"onship for about 4 years and a)er that Mohit entered in her life and I performed love marriage with Mohit, due to which Anjali and her father Tilak Raj were annoyed with them from maltreatment, her husband has commiCed suicide by strangula"ng himself, so, ac"on be taken against them". B-THE EVIDENCE AGAINST THE PETITIONER:- It is submiCed that firstly, the complainant Jyo" stated that "I remained with Ajali in Live in Rela"onship for about 4 years and a)er that Mohit entered in her life and she performed love marriage with Mohit, due to which Anjali and her father Tilak Raj were annoyed with them from whose maltreatment, her husband has commiCed suicide by hanging himself, so, ac"on be taken against them". On receiving informa"on, SI Amrik Singh/ Inves"ga"ng officer reached on the spot, inquired the maCer and went inside the room and saw that "dead body of Mohit was hanging with fan, whose dead body was removed down in presence of owner of house and on checking from the clothes of deceased One Mobile Phone, One purse were recovered. Further from the le) pocket of lower worn by deceased, one suicide note was recovered, which was wriCen on half page of lining copy in English and Hindi languages with red ink pen. details of which are as; " MAIN MAR RAHA HUN, Anjali Tilakraj KI VAJAH SE, MUJE DEPRESSION MAIN DALL KE YE SUKHI HAIN, Sorry Good by Mohit", which was taken in to police possession vide separate memo and a)er arranging vehicle dead body was kept in dead house at Abohar."

¶9The allega!ons in the suicide note are general in nature and not specific. There is no incident men!oned which can be prima facie aFributed as abetment or ins!ga!on by order/judgment. 4 the pe

oner. Thus, it is not a case for custodial interroga on and pre-trial incarcera on.

¶10Pre-trial incarcera on should not be a replica of post-convic on sentencing. The evidence might be prima facie sufficient to launch prosecu on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an cipatory bail. An analysis of the above does not jus fy custodial interroga on or pre-trial incarcera on.

¶11Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega ons and the other factors peculiar to this case, there would be no jus fiability for custodial interroga on or the pre-trial incarcera on at this stage.

¶12Without commen ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men oned above, the pe

oner makes a case for bail.

¶13Given above, provided the pe

oner is not required in any other case, the pe

oner shall be released on bail in the FIR cap oned above subject to furnishing bonds to the sa sfac on of the Arres ng Officer, and if the maFer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep ng the surety, the concerned Officer/Court must be sa sfied that if the accused fails to appear, such surety can produce the accused.

¶14While furnishing a personal bond, the pe

oner shall men on the following personal iden fica on details:

¶1AADHAR number

¶2Passport number (If available) and when the aFes ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶15This order is subject to the pe

oner's complying with the following terms. The pe

oner shall abide by all statutory bond condi ons and appear before the concerned Court(s) on all dates. The pe

oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶16The peoner is directed to join the invesgaon within seven days of uploading

order/judgment. this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Invesgator. The pe

oner shall be in deemed custody for Sec on 27 of the Indian Evidence Act, 1872/ Sec on 23 of BSA, 2023. The pe

oner shall join the inves ga on as and when called by the Inves ga ng Officer or any Superior Officer and shall cooperate with the inves ga on at all further stages as required. In the event of failure to do so, the prosecu on will be open to seeking cancella on of the bail. During the inves ga on, the pe

oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶17In case the Inves gator/Officer-In-Charge of the concerned Police Sta on arraigns another sec on of any penal offense in this FIR, and if the new sec on prescribes a maximum sentence that is not greater than the sec ons men oned above, then this bail order shall be deemed to have also been passed for the newly added sec on(s). However, suppose the newly inserted sec ons prescribe a sentence exceeding the maximum sentence prescribed in the sec ons men oned above; then, in that case, the Inves gator/Officer-In-Charge shall give the pe

oner no ce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶18This bail is condi onal, and the founda onal condi on is that if the pe

oner indulges in any non-bailable offense, the State may file an applica on for cancella on of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶19Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶20A cer fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe

oner can download this order along with case status from the official web page of this Court and aFest it to be a true copy. If the aFes ng officer wants to verify its authen city, such an officer can also verify its authen city and may download and use the downloaded copy for aFes ng bonds.

¶21Pe--on allowed in terms men oned above. All pending applica ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

14.01.2025 Jyo--II order/judgment.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 224 CRM-M-51462-2024 Date of Decision: 14.01.2025 Anjali ...Pe!!oner Versus State of Punjab and another …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Surinder Garg, Advocate sfor the pe!!oner. Mr. Jasjit Singh, DAG, Punjab. ****