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2026 Supreme(HP) 267

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J.
Chanchal Singh - Petitioner
Versus
Manjeet Singh and another - Respondent
Cr. MP (M) Nos. 1551 & 1552 of 2025
Decided On : 13-03-2026

Advocates:
Advocate Appeared:
For the Petitioners:Mr Ajay Sharma, Senior Advocate, with Mr Tarun Brakta, Advocate
For the Respondent/State:Mr Animesh Pathak, Advocate Mr Prashant Sen, Deputy Advocate General

Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.

Headnote:(A) Bhartiya Nyaya Sanhita, 2023 - Section 108 read with Section 3(5) - Bail - Cancellation of bail - Petitions seeking cancellation of bail granted by trial court to accused in case of abetment to suicide - Deceased consumed insecticide, suicide note attributing death to harassment by accused including intoxication and taunts - No prior complaints of harassment, suicide note not authenticated by handwriting expert due to lack of admitted writings - Trial court noted gravity of offence but held no need for custody, no risk of witness influence, bail rule over exception - Order not perverse or arbitrary, relevant factors considered, evidence not to be appreciated at bail stage - Petitions dismissed. (Paras 2, 3, 12-18)

(B) Bail - Interference by superior court - Order granting bail interfered only if arbitrary, perverse or disregards material considerations like nature of accusation, role of accused, gravity of offence, tampering risk - Distinction from cancellation on supervening circumstances or post-bail misconduct - Appellate scrutiny examines legality of bail order itself. (Paras 9-11)

Facts of the case:
Informant alleged accused harassed deceased post-marriage, leading to suicide by insecticide consumption; suicide note recovered blaming accused; no prior complaints; accused granted bail by trial court; post-bail threats alleged; status report noted unauthenticated suicide note, lack of prior action by informant.

Findings of Court:
Trial court order reasoned, considered relevant factors; no perversity; suicide note inconclusive; informant inaction post-distress call undermines harassment claim.

Issues: Whether trial court's bail order perverse, cryptic or ignored gravity of offence and presumption of abetment from suicide note.

Ratio Decidendi: Bail grant upheld as not arbitrary; superior court does not substitute view unless lower court discretion exercised improperly; gravity not decisive alone, prima facie case not to prejudice trial merits. Result : Petitions dismissed.

Table of Content
1. factual background of suicide due to harassment, bail granted. (Para 1 , 2 , 3)
2. parties contend on trial court bail discretion validity. (Para 4 , 5 , 6 , 7)
3. bail cancellable if perverse, arbitrary, ignores material factors. (Para 8 , 9 , 10)
4. trial court considered relevant factors; gravity not decisive. (Para 11 , 12 , 13 , 14)
5. unverified suicide note, no prior complaints, informant inaction. (Para 15 , 16)
6. trial court order sound; no interference warranted. (Para 17 , 18 , 19 , 20)
JUDGMENT :
Rakesh Kainthla, J.

The petitioner(s) has filed the present petitions for cancellation of bail granted to the respondents/accused in FIR No. 38 of 2025, dated 07.05.2025, registered at Police Station Mehatpur, District Una, for the commission of offences punishable under Section 108 read with Section 3 (5) of Bhartiya Nyaya Sanhita, 2023 (BNS).

2. It has been asserted that the petitioner/informant made a complaint to the police that the marriage of his daughter, Ms Pooja, was solemnised in the year 2016 with the accused Manjeet Singh. A daughter was born to her. Manjeet Singh started harassing Pooja soon after the marriage. She made complaints to the informant. Raj Kumari, mother-in-law of Pooja, also used to harass her. Pooja called the informant over Mobile Phone on 05.06.2025 and told him not to visit her matrimonial home because his life was in danger. She promised to mention the details in the morning. The informant received a call from Manjeet Singh on 06.05.2025 at 12:00-12:30 pm that Pooja had consumed poison. The informant went to the regional hospital, Una, where Pooja was lying conscious. Manjeet Singh was also present in the Hospital but he was intoxicated. Pooja was referred to PGI. She was taken to Gurdev Hospital, Nurpur Bedi, District Ropar (Punjab), where she died. Postmortem of the dead body was conducted, and the cause of death was found to be the consumption of the insecticides. The police arrested the respondents. They filed bail petitions, which were allowed by the learned Additional Sessions Judge, Una, District Una (learned Trial Court). The police recovered a suicide note in which Pooja had attributed the cause of her death to her harassment. The offence is grave, and the learned Additional Sessions Judge-II, Una, erred in releasing the respondents on bail. The respondents threatened the informant after getting bail from the Court. Hence, it was prayed that the present petitions be allowed and the bail of the respondents be cancelled.

3. The State has filed a status report asserting that the police received information on 07.05.2025 from Gurdev Hospital, Nurpur Bedi, District Ropar (Punjab) that Pooja Devi had died. The police went to the hospital and obtained the treatment summary. The informant made a complaint to the police that Pooja was married to Manjeet Singh in the year 2016, as per Hindu rites and customs. A daughter was born to her. Manjeet Singh and Raj Kumari used to harass Pooja. Pooja called the informant on 05.06.2025 and advised him not to visit her matrimonial home, as his life was in danger. She asked the informant to visit in the morning with some people, as she was being harassed. Manjeet Singh called the informant at about 12:30 pm and told him that Pooja had consumed insecticide. The informant went to the hospital and found that Pooja was under treatment. Manjeet Singh was also present in the hospital, but he was intoxicated. Pooja was referred to a higher institution, and she was taken to Gurdev Hospital, Nurpur Bedi, District Ropar (Punjab). Pooja died during the treatment. The police registered the FIR and investigated the matter. The police recovered the bottle of insecticide from Pooja's house. The police arrested the respondents. One suicide note was found to have been written by Pooja, stating that Manjeet Singh used to remain intoxicated. He used to abuse Pooja. Her mother-in-law also used to taunt and blame her for every wrong. The police seized the suicid



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