JAIKAM AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no. 163 dated 12.09.2012, under Sections 498A/406/323/506/120B/307 IPC and Section 25 of the Arms Act, 1959, registered at police station Nagina, District Mewat. I have heard learned counsel for the petitioners and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Nuh dismissing bail application filed by the petitioner.

(2.) BRIEF allegations are that, petitioner no. 1 is husband of sister -in -law of complainant and it was alleged that he alongwith sister -in -law of complainant used to reside in the same house. Petitioner no. 2 is husband of complainant. There are allegations that she used to be harassed on account of dowry by petitioners and co -accused and that there was demand of Scorpio vehicle, Rs. 5,00,000/ - and half Kg. of gold. There are also allegations that all the ornaments of complainant had been taken away by her mother -in -law and sister -in -law whereas, she was given beatings by all the accused including petitioners on 08.02.2008. Panchayats were also convened by parents of the complainant and they also visited the matrimonial home of complainant and Rs. 1,00,000/ - were given in cash to accused and promise was also made to fulfill the demand of Scorpio vehicle and the remaining amount. Two daughters were also born to the complainant and thereafter, acts of harassment and cruelty increased. On the night of 09.02.2012, she was confined in a room and nothing was given to her to eat and drink. On 10.09.2012 at about 9.00 AM, she alongwith her small daughter was asked to occupy Bolero vehicle by the accused and they started going towards village Nagina. On the way, they planned to kill her and threw her away so that her father and maternal uncle would be held responsible for the same and second marriage of petitioner no. 2 could be performed. Petitioner no. 1 had taken out a country made pistol and held the same on her head. The vehicle was stopped near Jatka crossing. Petitioner no. 2 -Saleem Javed and her sister -in -law tied her both the hands with a rope. Petitioner no. 1 -Jaikam alongwith her father -in -law and mother -in -law put a rope around her neck and started pulling it. Petitioner no. 2 -Saleem Javed closed her month with his hands and her sister -in -law tightly held her both the legs. She become unconscious. Thereafter, she alongwith her minor daughter was thrown away by the accused knowing her to be dead.

(3.) HOWEVER , there are serious allegations against petitioners -accused. There are specific allegations of committing acts of physical violence upon the complainant by both the petitioners -accused. Witnesses are yet to be examined. Hence, keeping in view these facts and without expressing anything on the merit of the case, I am of the view that it is not such a case in which concession of bail should be granted to the accused at this stage. There is no merit in the instant application for bail filed by Jaikam and Saleem Javed. The same is, hereby, dismissed.