The court considered the welfare legislation pertaining to bail for women and the provisions of Section 437 and Section 439 of Cr.P.C in granting bail to the petitioner based on the totality of the factual matrix.

Judgment

Mr. Sumeet Goel, J.

Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.128 dated 05.12.2023 registered for offences punishable under Sections 306/120-B IPC (Vide report dated 05.02.2024, Section 306 IPC has been deleted and Section 304-B IPC has been added) at Police Station Shimlapuri, District Ludhiana.

2. The case set up in the FIR in question is as follows:-

“Statement of Baldev Singh son of Harbans Singh resident of House No.5889, Gali No.21, Mohalla New Shimlapuri, Ludhiana aged about 53 years, Mobile No.9646340387. Stated that I am resident of above mentioned address and I have three children i.e. two sons and one daughter. Marriage of my eldest daughter Navdeep Kaur took place on 2.7.2023 in hotel Presidency, Gill Road Ludhiana with Sukhwinder Singh son of Balbir Singh resident of G.K. Country, H.No.608, near KFC Ramgarh, P.S. Jamalpur, Ludhiana as per Sikh Religious Rites. My daughter remained alright in the house of her in-laws for 10- 15 days after the marriage. After that they had been taunting her regarding past and being from poor family and they used to ridicule her. Tolerating all these things, my daughter tried to rehabilitate in the said house. After some days on 24.9.2023, husband Sukhwinder Singh and his mother Ravinder Kaur picked up fight with my daughter Navdeep Kaur and while fighting, they started giving her beatings. In the said fight, husband Sukhwinder Singh gave a blow on the eye of his own mother for which she got treatment in CMC Hospital Ludhiana. Seeing all this, my daughter Navdeep Kaur became frightened and told about it on phone in the evening and asked to take her along. After coming to home, my daughter told that her mother in law used to give medicine of depression to her husband Sukhwinder Singh after mixing the same in vegetables and sometimes her husband used to behave like a mad person. Thereafter with the consent of my daughter, we appeared before Worthy Commissioner of Police Ludhiana and submitted a complaint bearing No.UID 241351 against husband Sukhwinder Singh, father in law Balbir Singh, mother in law Ravinder Kaur, sister in law Harpreet Kaur and her husband Harsimran Singh. Inquiry of the same was pending before Women Cell Ludhiana. Today, they had called both the parties in P.S. Women Cell Ludhiana in connection with inquiry of the said complaint. On behalf of first party, Navdeep Kaur, father Baldev Singh, mother Paramjit Kaur, brother Daljit Singh, maternal uncle Hardial Singh, maternal uncle Jasbir Singh had come in connection with inquiry of said complaint. On behalf of second party, father in law of Navdeep Kaur namely Balbir Singh, mother in law Ravinder Kaur and some unknown persons had come in P.S. Women Cell. Inquiry officer ASI Makhan Singh asked both the parties to sit on one side and hold talks. Both the parties talked with each other but nothing was materialized. As such the inquiry officer adjourned the matter for 11.12.2023. On the earlier dates, mediator in the marriage of my daughter namely Harsimran Singh and his wife Harpreet Kaur had come to P.S. Women Cell Ludhiana and had participated in the inquiry of the complaint in P.S. Women Cell Ludhiana. They had used words regarding caste against my daughter Navdeep Kaur and taunted regarding dowry articles and levelled allegations that she was having illicit relations with father in law and yesterday on 4.12.2023 also, they levelled same allegations. After hearing the same, my daughter Navdeep Kaur came under depression. She could not tolerate the said allegations and as she was all alone in the house, she locked herself in the house and committed suicide after hanging herself with the fan with a dupatta and finished herself. Appropriate Legal action be taken against the above named persons. Statement has been got recorded, heard and same is correct. Sd/- Baldev Singh 9646340387.”

3. Learned counsel for the petitioner has arg