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2014 DIGILAW 521 (PNJ)

Vidhya Devi v. State of Haryana

2014-03-12

NARESH KUMAR SANGHI

body2014
JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Prayer in this petition is for grant of regular bail to petitioner Vidhya Devi who has been booked for having committed the offences punishable under Sections 120-B and 306, IPC, in a case arising out of FIR No.539, dated 26.11.2013, registered at Police Station, Palam Vihar, District Gurgaon. 2. Learned counsel contends that even if the whole case of the prosecution is taken at its face value then also the mischief of Section 306, IPC, qua the petitioner is not attracted; that the petitioner is the mother-in-law of Naresh (since deceased); that Smt.Rekha daughter of the petitioner could not pull on well with her husband Naresh (since deceased) and due to the said circumstance, Naresh was depressed and committed suicide; that the petitioner had no role to play so far as the suicide of Naresh is concerned; that the husband and two daughters of the petitioner are also behind the bars in the present case; and that there is no other person in the family to perform the domestic work. 3. Learned counsel for the State, on instructions from ASI Surinder Kumar, Police Station, Palam Vihar, District Gurgaon, very fairly concedes that the petitioner is behind the bars from 28.11.2013 and after completion of the investigation, the chargesheet (report under Section 173, Cr.P.C.) has already been presented. However, he has opposed the grant of bail to the petitioner on the premise that specific allegations are emerging in the suicide note qua the petitioner and as such, she is not entitled to bail. 4. Learned counsel for the complainant has also toed the lines of the learned counsel for the State and vehemently opposed the grant of bail to the petitioner. 5. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. 6. Perusal of the suicide note reveals that the only allegation against the petitioner is that she was abusing Naresh and intimidating him that he would be got kidnapped if he failed to take back Rekha, the daughter of the petitioner. No specific date, time and place has been mentioned with regard to the words used by the petitioner. Concededly, the petitioner is a lady and the parameters for granting bail to a lady are absolutely different. No specific date, time and place has been mentioned with regard to the words used by the petitioner. Concededly, the petitioner is a lady and the parameters for granting bail to a lady are absolutely different. It is also conceded position that the husband and the two daughters of the petitioner are also behind the bars. After completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has already been presented in the Court. 7. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. During the pendency of the trial of the present case, petitioner-Vidhya Devi w/o Suresh Chand, r/o village Issapur, New Delhi, is ordered to be released on bail, subject to her furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Gurgaon.