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2024 Supreme(Online)(P&H) 11562

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 24.09.2025 ANKUR ......Petitioner Versus STATE OF HARYANA .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Saurabh Dalal, Advocate for the petitioner.

Ms. Saumya Ahluwalia, Sr. DAG, Haryana. Mr. Aman Arora, Advocate for complainant.

****

KIRTI SINGH , J. (ORAL)

1. The jurisdiction of this Court under Section 439 Cr.P.C. has been invoked for grant of regular bail to the petitioner in case FIR No.16 dated 18.01.2023, under Sections 406, 304-B, 498-A and 34 of IPC, registered at Police Station Faridabad N.I.T, District Faridabad.

2. The translated version of the FIR is reproduced below:-

“To, the Chowki Incharge Sec:21D Faridabad. Sir, I am Arun son Shri Premraj resident of village: Pali, Chaudhary Mohalla, Faridabad. My two sisters (elder one) xxxxx and (younger one xxxx were married on 5.2.2017 with Ankur and Ankit (respectively) sons of Surendra resident of: Gulavad Hasanpur, Palwal presently resident of H.No. 572A Sec: 21D. In the marriage, my father donated cash, gifts and jewellery according to his status. Since marriage, my elder sister xxxxxx was tormented by her in-laws for bringing less dowry, due to less dowry, my younger sister xxxx was not taken to her in-laws' house since her marriage. It was only after panchayats that she was taken by them once or twice. xxxxx was also asked to bring more dowry. For last 4-5 days my sister xxxx was complaining about being tortured physically and mentally by father-in-law Surender, mother-in-law xxxxxxx, husband Ankur, brother-in-law Ankit and sister-in-law xxxxx. xxxxx also told us that her in-laws can go to any extent and end her life. Regarding this, a panchayat was convened on 18.01.2023 around 2:00 pm. As per the instructions from the in-laws side, we reached at the place in front of Faridabad Railway Station, but there were only the relatives from the in-laws' side and father-in-law, husband and brother-in-law were not there, we started waiting for them to come there, at around 3 o'clock my sister xxxx talked to younger sister xxxxx and told that her father-in- law, mother-in-law, husband, brother-in-law and sister-in-law are beating her. And xxxx asked her to take her away or they will kill her, when I reached there with my brother Ajay, I saw my sister xxx lying on the bed in the room, a chunni like cloth is wrapped around her neck, on seeing us, the family started running away from there. We picked up our sister and took her to Asian Hospital where the doctor declared her dead. I pray that appropriate legal action should be taken against my sister xxxx father-in-law, mother-in-law, husband, brother-in-law and sister-in-law. SD/- Arun.”

3. Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in this case on the statement of the brother of the deceased, wherein he alleged that the petitioner along with his family members used to harass and give beatings to the deceased on account of dowry demands. It is submitted that the marriage between the petitioner and the deceased was solemnized on 05.02.2017 i.e. about 6 years prior to the date of alleged incident, during the entire period of which no complaint was made by the deceased to any person regarding any demand of dowry being made by the petitioner. The case is based on circumstantial evidence and the allegations of beatings and totally vague and baseless, as there is no medical evidence to substantiate the allegations. The petitioner has already undergone an actual custody of 2 years, 8 months and 4 days.

4. Learned State counsel as also learned counsel for the complainant have opposed the prayer made in the petition and submit that the petitioner was actively involved in the commission of the alleged offence. Learned State counsel has filed custody certificate in Court today and the same is taken on record. As per custody certificate, the petitioner has undergone actual custody of 02 years, 08 mo

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