Tilak Raj v. State of Punjab and Anr

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

¶1The pettoner apprehending arrest in the FIR captoned above has come up before this Court under Secton 482 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking antcipatory bail.

¶2In paragraph 15 of the bail petton, the accused declares that he has no criminal antecedents.

¶3The facts and allegatons 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 queston was registered against two accused persons namely 1. Anjali D/o. Tilak Raj, R/o. 08-Balvir Bast le) Side, Faridkot City, Faridkot, Punjab, India and Tilak Raj S/o. Nathu Ram, R/o. 08-Balvir Bast le) Side, Faridkot City, Faridkot, Punjab, India on the statement of Jyot 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 order/judgment. 1 Parkash as tenant and they were living happily married life. Her heart surgery was conducted at Chandigarh and due to infecton, 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 tmes, who seems to be under pressure, from whom I inquired several tmes, but he replied that he is suffering from fever and for that reasons 'I am depressed'. Yesterday through my relatves, I came to know that "my husband Mohit has commiCed suicide by strangulaton 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 Bast, St. No.8, Faridkot. I remained with Anjali in live in relatonship 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 strangulatng himself, so, acton 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 secton 108, 3(5) of BNS-23 have been found to be fulfilled. Accordingly, FIR in queston was registered."

¶4Counsel for the pettoner has referred to the porton 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."

¶5Counsel for the pettoner has argued that perusal of the suicide note shows that nothing has been mentoned 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 instgate 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 pettoner. Even the alleged suicide note did not bear any date & tme nor explanaton of any harassment which was given by the pettoner to the deceased and when, which itself shows that the pettoner has been falsely implicated in the present case. He further argued that the pettoner is resident of Faridkot, whereas the deceased was residing in Abohar. He further argued that a compromise dated 27.09.2024 has been effected between the partes, the said order/judgment. 2 compromise has already been placed on record as Annexure P-2.

¶6The pettoner's counsel prays for bail by imposing any stringent conditons and contends that further pre-trial incarceraton would cause an irreversible injustce to the pettoner and their family.

¶7The State's counsel opposes bail and refers to the reply.

¶8It would be appropriate to refer to the following portons of the reply, which read as follows: "9. That during investgaton on 22.09.2024 Jyot daughter of Sh.Krishan Kumar (wife of late Sh.Mohit), has recorded her statement before investgatng officer, who reached on the spot, where Om Parkash S/o. Dial Chand met the police party, who disclosed that Mohit Kumar S/o. Shiv Kumar, R/o. Gali No.0, Sant Nagar, Abohar, was residing in first floor of his house, who has commiCed suicide by strangulatng himself with fan. Upon which, investgatng officer went inside the room and saw that dead body of Mohit was hanging with fan, whose dead body was removed down in presence of owner of house and on checking of clothes of deceased One Mobile Phone, One purse and from the le) pocket of lower worn by deceased, one suicide note was recovered, which was wriCen on half page of lining copy, in English and Hindi languages with red ink pen, details of which are as; " MAIN MAR RAHA HUN, Anjali Tilakraj KI VAJAH SE. MUJEY DEPRESSION MAIN DALL KE YE SUKHI HAIN, Sorry Good by Mohit", which was taken in to police possession vide separate memo and a)er arranging vehicle dead body was kept in dead house of Civil Hospital, Abohar. Due to none presence of family member on the spot, on return to the police party, the investgatng got entered Rapat No.47 dated 21.09.2024. Again, investgatng officer reached at Civil Hospital, Abohar with HC Sunil Kumar No.113/Fzk. and PHG Jai Chand No. 6751, where Jyot with her brother in law Rohit son of Shiv Kumar son of Sohan Lal along with other relatves met him, who also get recorded his statement, which was read over and explained to him, who a)er admiOng the same to be correct, put his signatures in English and witnesses also signed it and same was identfied by the investgatng officer. Since the ingredients of offences under secton 108, 3(5) of BNS-23 were fulfilled, so, statements for registraton of FIR were sent through PHG Jai Chand No.6751 to the police staton and order/judgment. 3

¶10That in compliance to the order dated 18.10.2024 passed by this Hon'ble Court, it is submiCed as under: A-THE ROLE OF THE PETITIONER: It is submiCed that specific role has been aCributed to the present pettoner by the complainant in her statement " he stated that on 21.09.2024 she talked with her husband several tmes, who seems to be under pressure, from whom, she inquired several tmes, but he replied that "I am suffering from fever and for that reasons 'I am depressed'. Further she stated that through her relatves, she came to know that "my husband Mohit has commiCed suicide by hanging himself, from whom one suicide note was recovered, in which he has disclosed about the pressure put by the present pettoner and co-accused Anjali, who is daughter of the present pettoner. Further, she stated that "She remained with Ajali in Live in Relatonship for about 4 years and a)er that Mohit entered in her life and she performed love marriage with Mohit, due to which Anjali and her father Tilak Raj, the present pettoner were annoyed with them due to which her husband has commiCed suicide by strangulatng himself. B-THE EVIDENCE AGAINST THE PETITIONER:- It is submiCed that there is sufficient incriminatng evidence against the pettoner Tilak Raj i.e statement of complainant-Jyot, suicide note wriCen by deceased Mohit, Form No. 25:25(1) A, MLR No. M403002362400182. Further there is sufficient evidence that complainant Jyot stated that she remained with Anjali in live in relatonship for about 04 years and a)er that Mohit entered in her life and she performed love marriage with Mohit, due to which Anjali and her father Tilak Raj the present pettoner were annoyed with them due to which her husband Mohit has commiCed suicide by strangulatng himself."

¶9The allegatons in the suicide note are general in nature and not specific. There is no incident mentoned which can be prima facie aFributed as abetment or instgaton by the pettoner. Thus, it is not a case for custodial interrogaton and pre-trial incarceraton.

¶10Pre-trial incarceraton should not be a replica of post-convicton sentencing. The evidence might be prima facie sufficient to launch prosecuton or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of antcipatory bail. An analysis of the above does not justfy custodial interrogaton or pre-trial incarceraton.

¶11Given the above, the penal provisions invoked coupled with the primafacie order/judgment. 4 analysis of the nature of allegatons and the other factors peculiar to this case, there would be no justfiability for custodial interrogaton or the pre-trial incarceraton at this stage.

¶12Without commentng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentoned above, the pettoner makes a case for bail.

¶13Given above, provided the pettoner is not required in any other case, the pettoner shall be released on bail in the FIR captoned above subject to furnishing bonds to the satsfacton of the Arrestng Officer, and if the maFer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before acceptng the surety, the concerned Officer/Court must be satsfied that if the accused fails to appear, such surety can produce the accused.

¶14While furnishing a personal bond, the pettoner shall menton the following personal identficaton details:

¶1AADHAR number

¶2Passport number (If available) and when the aFestng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶15This order is subject to the pettoner's complying with the following terms. The pettoner shall abide by all statutory bond conditons and appear before the concerned Court(s) on all dates. The pettoner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶16The pettoner is directed to join the investgaton within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investgator. The pettoner shall be in deemed custody for Secton 27 of the Indian Evidence Act, 1872/ Secton 23 of BSA, 2023. The pettoner shall join the investgaton as and when called by the Investgatng Officer or any Superior Officer and shall cooperate with the investgaton at all further stages as required. In the event of failure to do so, the prosecuton will be open to seeking cancellaton of the bail. During the investgaton, the pettoner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. order/judgment. 5

¶17In case the Investgator/Officer-In-Charge of the concerned Police Staton arraigns another secton of any penal offense in this FIR, and if the new secton prescribes a maximum sentence that is not greater than the sectons mentoned above, then this bail order shall be deemed to have also been passed for the newly added secton(s). However, suppose the newly inserted sectons prescribe a sentence exceeding the maximum sentence prescribed in the sectons mentoned above; then, in that case, the Investgator/Officer-In-Charge shall give the pettoner notce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶18This bail is conditonal, and the foundatonal conditon is that if the pettoner indulges in any non-bailable offense, the State may file an applicaton for cancellaton of this bail before the Sessions Court, which shall be at liberty to cancel this bail.

¶19Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶20A certfied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pettoner can download this order along with case status from the official web page of this Court and aFest it to be a true copy. If the aFestng officer wants to verify its authentcity, such an officer can also verify its authentcity and may download and use the downloaded copy for aFestng bonds.

¶21Pe//on allowed in terms mentoned above. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

14.01.2025 Jyo/-II Whether reportable: No. order/judgment. 6

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 224-2 CRM-M-56368-2024 Date of Decision: 14.01.2025 Tilak Raj ...Pettoner Versus State of Punjab and another …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Surinder Garg, Advocate for the pettoner. Mr. Jasjit Singh, DAG, Punjab. ****