Lajja Devi v. State of Haryana

IN

Lajja Dev

State of H

CORAM:

Present:-

NIDHI GU

Nagarik S (Annexure Police Stat

of the com N THE HIGH COURT OF PUNJ AT CHANDIGA

Criminal Misc. N

Date of decision vi Versus Haryana :- HON'BLE MS. JUSTICE NID Mr. Balraj Gujjar, Advocate for the petitioner.

Mr. Aditya Pal Singla, AAG, H UPTA J. (Oral) Prayer in this petition filed Suraksha Sanhita (B.N.S.S.) is fo during pendency of the trial in cas e P-1) under Sections 302, 304-B tion Adarsh Nagar, Ballabgarh, Dis The present FIR has been regis mplainant/father of the victim, whic "To, the SHO, P.S. (Faridabad), Sir,it is re Gopal Sharma, R/o Vil have four children out one boy. My daughter married her to Bhupen R/o H.No.340, Housin Ballabgarh, Faridabad Hindu rites and cere articles beyond my cap

JAB AND HARYANA ARH No. M-42540 of 2024 :-05.09.2024 …..Petitioner …..Respondent HI GUPTA Haryana. under Section 483 Bharatiya or grant of regular bail to the se FIR No.238 dated 13.5.2022 , 498-A, 34 IPC, registered at strict Faridabad. stered on the basis of statement h reads as follows :- Adrash Nagar, Ballabgarh equested that I Ram Singh s/o ll. Kuslipur-1, Distt. Palwal. I of which three daughters and laxmi is the eldest one. I got nder s/o Chattar Pal Kaushik, ng Board colony, Sector-62, d on 22.02.2019 according to emonies and provided dowry

the son of wedlock, petitioner, having son Himanshu, a on 04.12.2020. Husban Lajja Devi and brother not happy with the dow just after few days of m daughter Laxmi. They u of Rs.5 lacs cash and a home and in this regard me on phone many time times ousted my daughte house. When Laxmi use made a complaint to me cash, saying that in-law from me. Thereupon, persons of the village daughter and made the no capacity to afford S Therefore, having grudg Bhupender, his mother Hemant Kaushik have giving forcible torture killing my daughter Bhu and his brother Heman call to my brother Ved that take her from here family members reache Laxmi at Ballabgarh already dead. Thus, it action be taken agains Hemant" Learned counsel for the petitio is mother-in-law of the deceased. f the petitioner on 22.2.2019. One who is currently residing with namely, Hemant in Village Dha

aged 1 year and 4 months born nd Bhupender, mother in law r in law Hemant Kaushik were wry articles provided by us and marriage started harassing my used to say to Laxmi that bring a scorpio vehicle from parental d my daughter mentioned this to es and the above persons many er Laxmi from the matrimonial ed to turn up at my home then e and her mother about car and ws are demanding car and cash we along with respectable reached in law's house of my em understand that now I have Scopio car and Rs.5 lacs cash. ge of this, today on 13.05.2022 r Lajja Devi and his brother killed my daughter Laxmi by and strangulating her. After upender, his mother Lajja Devi nt Kaushik made a telephonic Parkash at 7:50 am and said e. Having information, we all ed the house of my daughter and saw that our daughter is requested that strict legal st Bhupender, Lajja Devi and oner, inter alia, submits that the . The deceased was married to e son was born out of the said the other (elder) son of the

present FIR the deceas accused ha allegations used to re whereas th submitted examinatio date of in Hemant h witnesses counsel fo bail.

behalf of p three year counsel fo passed by application not a case due to str showing t informs th examined dated 04.9 supplied t R has been registered on the basis sed, wherein only general allegat arassed the deceased for dowry. Le s against the petitioner on the face eside with her other son, namely he deceased and her husband res that this fact has been admitted by on (Annexure P-2) as PW1, where ncident i.e. 13.5.2022 the petitio had reached Ballabgarh only at a has been in custody for more th in the case have already been ex or the petitioner prays that the pet Learned counsel for the State h petitioner and submits that the occ s of the marriage. The cause of d or the State refers to the order dat learned Additional Sessions Judg n of the petitioner has been dismis e where there is only unnatural dea rangulation and there are injuries that it is a case of brutal murde hat out of total 21 prosecution so far. Learned State counsel ha

9.2024 in Court. The same is ta to the counsel opposite. As per has undergone the actual custody

of statement made by father of tions have been made that the earned counsel submits that the e of it are false as the petitioner , Hemant at Village Dhadota; ided in city Ballabgarh. It is y the complainant in his cross-ein he has admitted that on the oner alongwith her other son about 9 AM. Moreover, the han two years. The material amined. Accordingly, learned titioner be released on regular has opposed the prayer made on currence has taken place within death is strangulation. Learned ted 18.11.2023 (Annexure P-3) ge, Faridabad, whereby the bail sed on the ground that "….it is ath. It is a case where death is s on the body of the deceased er." Learned counsel further witnesses only 09 have been as filed the Custody Certificate aken on record. Copy thereof r the Custody Certificate, the of 02 years, 03 months and 21

days as un bail of the

the case fi

keeping in above, inc months an the custod petitioner; out of to examined examined, without m ordered th regular ba the satisfac

September Vijay Asija

Whether sp Whether Re

ndertrial. It is accordingly prayed petitioner may be dismissed. I have heard learned counsel fo le carefully. Without commenting on the n view the totality of facts and circ cluding the fact that: (a) period of nd 21 days undergone by the petitio dy certificate reveals that there

(c) the trial of the case is likely to otal 21 prosecution witnesses on so far; and (d) the material w , further custody of the petitioner meaning any expression of opinion hat the petitioner Lajja Devi w/o ail subject to her furnishing requis ction of the trial Court/Duty Magis The petition is allowed. r 05, 2024

a

peaking/reasoned Yes / No eportable Yes / No

that the application for regular or the parties and gone through merits of the case, however, cumstances of the case as noted actual custody of 02 years, 03 oner as undertrial; (b) perusal of is no other case against the o consume considerable time as nly 09 witnesses have been witnesses have already been r is not justified. Accordingly, on the merits of the case, it is Chattar Singh be released on site bail bonds/surety bonds to strate, concerned. ( NIDHI GUPTA )