KARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRL . M. Nos. 5294-M and 2597-M of 1996 are born out of F.I.R. No. 156 dated 13.11.1995 under Section 306/201 of the Indian Penal Code and are bracketed together for the purposes of disposal of the two bail applications moved on behalf of Karan Singh and his son Kuldip Singh who have allegedly abetted the commission of suicide by deceased Kusum Lata wife of Kuldip Singh accused and daughter-in-law of Karan Singh accused.

(2.) THE allegations raised are that whenever Kusum Lata went to her parental house she informed her maternal people about the torture met by her from her mother-in-law and father-in-law Karan Singh. Her husband Kuldip Singh was beating her. On the eventful date her father the complainant learnt that his daughter was seriously ill. He went to see his daughter and found that his daughter and the grand-daughter were taken to the cremation ground for cremation. The pyre of his daughter Kusum Lata was burning and the small baby had been buried in the grave. The accused did not give any satisfactory reply to him and therefore he made a report to the police.

(3.) ON the basis of the Forensic report, one cannot say at the moment whether these bones were of the deceased lady and her child. This report shall bear credence for the purposes of adjudication while it is led in evidence and an opinion is formulated by the trial Court about its evidentiary value. At the moment from the F.I.R. it nowhere appears that the deceased was tortured by the accused for the purposes of dowry. General allegations of taunting have been raised and no specific instance has been quoted in the F.I.R. to show that the father-in-law or the husband of the deceased were cruel to her as a result of which she was forced to commit suicide. The matter requires a thorough adjudication by the trial Court. For the present having regard to the terminology of the F.I.R. read with the report of the Forensic expert, I feel that it is a fit case where bail can be granted to the accused petitioners. Hence, both Karan Singh and Kuldip Singh petitioners are ordered to be released on bail in the amount of Rs. 40,000/- each with one surety and personal recognition bonds in the like amount each to the satisfaction of the trial Court. However, the petitioner shall not make any effort to tamper with the witnesses or leave the territorial jurisdiction of the trial Court without its prior permission. In case the petitioners misused the concession of bail in any manner, the trial Court is at liberty to cancel their bail without the intervention of this Court.