High Court of Punjab and HaryanaCRM-M/23430/2021dismissed

Gurdev Kaur Alias Baldev Kaur v. State Of Punjab

2021-06-18Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-23430-2021 (O&M) Decided on : 18.06.2021 Gurdev Kaur alias Baldev Kaur . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Ms. Shivya Sehgal, Advocate, for the petitioner(s).

Mr. Luvinder Sofat, AAG, Punjab.

**** MANJARI NEHRU KAUL , J. (Oral) The present petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioner, in case FIR No. 07, dated 08.01.2021, under Sections 306, 120-B IPC, registered at Police Station Jamalpur, District Ludhiana.

Learned counsel for the petitioner inter alia contends that a perusal of the FIR in question makes it abundantly clear that a concocted story has been brought-forth by the complainant (son of the deceased) against the petitioner and no case attracting the mischief of Section 306 IPC is thus made out against the petitioner. Still further contends that the allegations levelled in the FIR in question, are totally vague, as there was no clarity as to how the petitioner could be linked to the allegations of rape levelled by co-accused Poonam @ Nand Rani against the deceased. Heard.

A perusal of the allegations levelled against the accused in the FIR in question reveals that the petitioner in connivance with other accused purchased a house, which had been given to the deceased by his maternal JAWALA RAM 2021.06.28 17:04 I attest to the accuracy and integrity of this document

CRM-M-23430-2021 (O&M) - 2 - aunt and was in his possession as well. The accused including the petitioner took forcible possession of the house in question, misappropriated all the household articles and removed crucial documents from there. The accused including the petitioner thereafter started threatening the deceased to implicate him in a false rape case, qua which he got a telephonic call from the police, since false complaint alleging rape, had been filed by one of the accused. Even though the deceased moved a number of complaints against all the accused but it did not bear any fruits as a result of which the deceased was under a lot of stress on account of the humiliation heaped on him. Besides this, a suicide note has also been left behind by the deceased, which prima facie corroborates the factum of being harassed by all the accused.

Prima facie, there are serious and specific allegations levelled against the petitioner in the FIR in question of abetting the suicide of the deceased, for which she does not deserve the concession of anticipatory bail.

Petition stands dismissed.

(MANJARI NEHRU KAUL) JUDGE June 18, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.06.28 17:04 I attest to the accuracy and integrity of this document