Devender Singh vs State of Haryana

This second petition for regular bail has been filed by petitioner â€" Devender Singh â€" an accused in FIR No.300 dated 29.4.2016, under Sections

120-B, 304-B, 328 IPC (Section 302 added later on), registered with Police Station Sirsa City, District Sirsa.

Briefly stated, the facts of the case, as per the prosecution story, are that Amandeep Kaur daughter of late Baldev Singh was married with accused

Devender Singh (present petitioner) on 27.3.2011; that at the time of marriage, her family had given dowry articles beyond their capacity, but after one

year of the marriage, a dispute had arisen between Amandeep Kaur and her husband with regard to demand of dowry; that Amandeep Kaur used to

be given beatings in connection with demand of dowry; that Amandeep Kaur had given birth to a daughter; that she was turned out of the matrimonial

home when demands of the accused for more dowry articles could not be met, however, subsequently due to efforts made by her relatives, she

returned to the matrimonial home but her maltreatment at the hands of her husband continued; that on 29.4.2016 at about 11:25 a.m., Kashmir Singh -

complainant, a paternal uncle of Amandeep Kaur received a telephonic message and Amandeep Kaur had informed him that he should take her away

since her in-laws family comprising her JETH (husband's elder brother) Lakhwinder alias Ladda, JETHANI (husband's elder brother's wife)

Paramjeet alias Pammi, other JETH Pinder, his wife Aman Kaur, father-in-law Santokh Singh and her husband Devender Singh were misbehaving

with her and giving beatings to her and that they would kill her; the complainant made a telephonic call to Amandeep Kaur, where she repeated such

things; thereafter, Amandeep Kaur died, as a result of consuming poison.

On the basis of statement of complainant Kashmir Singh, formal FIR was registered. Accused was arrested in this case on 4.5.2016. On completion

of investigation, challan against the accused was prepared and filed in the Court and presently the accused/petitioner is facing trial. The

petitioner/accused had filed an application for regular bail in the Court of Sessions, which was declined by learned Additional Sessions Judge, Sirsa

vide order dated 12.7.2017, as such, he has approached this Court with the same request.

Notice of the petition was given to respondent â€" State and counsel representing the State has put in appearance. The complainant has also appeared

through counsel.

I have heard learned counsel for the parties besides going through the record.

The allegations against the petitioner are quite serious and grave for which he is facing trial on the charge for the offence under Section 304-B in

alternative 302 IPC. His young wife had died in the matrimonial home as a case of poisoning within five years of marriage. Such young married

woman would not have committed suicide unless she was driven to the wall and had lost all the hope. The apprehension expressed by the State

counsel that if petitioner is granted bail, there is every likelihood to his absconding and even trying to tamper with the prosecution evidence cannot be

brushed aside lightly. The trial against the petitioner is likely to be concluded in near future. If on conclusion of trial it is found that accused is innocent,

he would be acquitted but at this stage no case for grant of regular bail to him is made out.

Therefore, finding no merits in the petition, the same stands dismissed.