High Court of Punjab and HaryanaCRM-M/37233/2019dismissed

Ashish @ Ashu v. State Of Haryana

2019-12-11Mr. Justice Fateh Deep Singh3 pages

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : December 11, 2019 Ashish ....Petitioner versus State of Haryana ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Rakesh Kumar Lathwal, Advocate, for the petitioner Mr. Baljinder Virk, DAG, Haryana for the State with ASI Raj Kumar Fateh Deep Singh, J. (Oral) The allegations against accused-petitioner Ashish @ Ashu in case FIR No. 617 dated 30.7.2018 under Sections 304-B IPC, Police Station City Sonepat have been levelled by a widowed lady mother of deceased Barkha. The complainant alleged that her daughter was married to accused-petitioner Ashish on 22.11.2017 where they had given sufficient dowry articles as per the demands and wishes of the accused. However, the accused were not happy with the same. It is alleged that the accused had been demanding a

-2car and on this score often used to harass, humiliate and taunt her and which fact was shared by the deceased with her mother the complainant. On 29.7.2018 in the evening around 5.00 PM, the deceased gave a telephonic call to the complainant and while crying had detailed her torture and the phone was thereafter snatched by the accused and who gave her physical beatings and it is thereafter the deceased has died by means of hanging.

Learned counsel for the petitioner submits that the petitioner is behind the bars since 1.8.2018 and it was simpliciter a suicide by the deceased and that no case under Section 304-B IPC was made out.

Learned State counsel has opposed the bail in view of seriousness of the allegations claiming that the deceased within less than one year has died in a suspicion circumstance and had been detailing her plight to the complainant mother in routine and thus in view of heinousness of offence no cause for grant of bail is made out.

The deceased has died within few months of her marriage. There are allegations of demand of dowry, harassment and cruelty on that score immediate prior to this death. The petitioner being husband and the principal accused even at the time

-3of this occurrence alleged to have assaulted the deceased. The deceased died an un-natural death. In view of the allegations and the apprehension of the State does not calls for grant of bail. The present petition as such stands dismissed.

( Fateh Deep Singh ) December 11, 2019 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No