IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MAHIPAL GARG AND ANR – Appellant
Versus
STATE OF HARYANA – Respondent
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
214 CRM-M-8661-2025 (O&M) Date of decision: 12.05.2025 Mahipal Garg and another ...Petitioners Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Saurabh Sharma, Advocate for the petitioners.
Mr. Apoorv Garg, Senior DAG, Haryana.
MANISHA BATRA, J. (Oral)
1. Through the instant petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioner seeks anticipatory bail in case FIR No. 189, dated 20.06.2024, registered under Section 306 of IPC at Police Station Naraingarh, District Ambala.
2. Brief facts of the case relevant for the purpose of disposal of the present petition are that the aforementioned FIR has been registered on the basis of the statement recorded by complainant Ankur Jindal alleging that his younger brother Vinay Jindal was married with Nidhi Garg, who was daughter of the present petitioners. It was a love marriage. A male child was born out of the wedlock. The petitioners and their second daughter Rupali Goyal had been pressurizing Nidhi to give her child to them. They also used to keep on taking money from Nidhi. On being so pressurized, Nidhi ended her life on 24.04.2024 by committing suicide. Vinay was quite upset due to the death of Nidhi. An FIR under Section 304-B of IPC was got registered by the present petitioners against Vinay and other family members of the complainant. On 19.06.2024, Vinay consumed some poisonous substance and ended his life. He had prepared a video holding the petitioners responsible for his death. On the basis of his statement, the present FIR has been registered. Investigation proceedings have been initiated and are under way. Apprehending their arrest, the petitioners had moved an application before the Court of learned Additional Sessions Judge, Ambala for grant of anticipatory bail but the same had been dismissed, vide order dated 06.02.2025.
3. It is argued by learned counsel for the petitioners that they have been falsely implicated in this case. In fact, the FIR of this case is a counter- blast to the FIR, which has been lodged against the family members of the complainant. Soon after the marriage of their daughter Nidhi with Vinay, his family members and himself had been harassing her as they were not happy with the dowry given at the time of marriage. She was taunted. The complainant used to record the video of the activities of Nidhi and also used to instigate her husband Vinay to enter into altercation with her. Demands for various items in the name of Shagun had been raised by her husband. Nidhi had even filed a complaint qua behavior meted out at the hands of her family members. It was on account of the pressure and harassment exerted by them that she was compelled to kill herself. Her husband had committed suicide on 19.06.2024. They have no hand in his suicidal death. There had been never any abetment on their part. The allegations in the FIR, on the basis of the record, do not make out any case for commission of offence of abetment to commit suicide by victim Vinay. Rather, they themselves are the victims as their daughter has died a suicidal death. Their custodial interrogation is not required. They are ready to join the investigation. No recovery is to be effected from them. No useful purpose would be served by sending them into custody. Therefore, it is urged that the present petition deserves to be allowed. 4. Status report has been filed by the respondent-State. It is submitted therein and learned Senior Deputy Advocate General, Haryana has argued that there are serious and specific allegations against the petitioners, who were parents-in-law of deceased Vinay. Just prior to committing suicide, the victim had prepared a video recording saying that previously his wife and he himself was pressurized by the petitioners to give custody of his son to them. There is sufficient material on record to show that the pet
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