IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 14.01.2025 Tilak Raj ...Pe(cid:12)(cid:12)oner Versus State of Punjab and another …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Surinder Garg, Advocate for the pe(cid:12)(cid:12)oner.

Mr. Jasjit Singh, DAG, Punjab.

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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

1. The pe(cid:12)(cid:12)oner apprehending arrest in the FIR cap(cid:12)oned above has come up before this Court under Sec(cid:12)on 482 of Bhara(cid:12)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:12)cipatory bail.

2. In paragraph 15 of the bail pe(cid:12)(cid:12)on, the accused declares that he has no criminal antecedents.

3. The facts and allega(cid:12)ons are being taken from the reply-cum-status report dated

10.12.2024 filed by the State, which reads as follows:

“4. That, at the outset, FIR in ques(cid:20)on was registered against two accused persons namely 1. Anjali D/o. Tilak Raj, R/o. 08- Balvir Bas(cid:20) le) Side, Faridkot City, Faridkot, Punjab, India and Tilak Raj S/o. Nathu Ram, R/o. 08- Balvir Bas(cid:20) le) Side, Faridkot City, Faridkot, Punjab, India on the statement of Jyo(cid:20) 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 Parkash as tenant and they were living happily married life. Her heart surgery was conducted at Chandigarh and due to infec(cid:20)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 (cid:20)mes, who seems to be under pressure, from whom I inquired several (cid:20)mes, but he replied that he is suffering from fever and for that reasons ‘I am depressed'. Yesterday through my rela(cid:20)ves, I came to know that "my husband Mohit has commiCed suicide by strangula(cid:20)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(cid:20), St. No.8, Faridkot. I remained with Anjali in live in rela(cid:20)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(cid:20)ng himself, so, ac(cid:20)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(cid:20)on 108, 3(5) of BNS-23 have been found to be fulfilled. Accordingly, FIR in ques(cid:20)on was registered.”

4. Counsel for the pe(cid:12)(cid:12)oner has referred to the por(cid:12)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."

5. Counsel for the pe(cid:12)(cid:12)oner has argued that perusal of the suicide note shows that nothing has been men(cid:12)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(cid:12)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(cid:12)(cid:12)oner. Even the alleged suicide note did not bear any date & (c