BALWINDER KAUR Vs. STATE OF HARYANA
LAWS(P&H)-2014-4-157
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 02,2014

BALWINDER KAUR Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

Tejinder Singh Dhindsa, J. - (1.) THIS order shall dispose of the present petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail to the petitioner in case FIR No. 365 dated 28.11.2013, under Sections 306, 120B of the Indian Penal Code, registered at Police Station Parao, District Ambala. The allegations against the present petitioner are that she along with other co -accused after hatching a criminal conspiracy with each other, abetted the commission of suicide of deceased -ASI Karan Singh.
(2.) LEARNED counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in the case and rather she is a victim herself having been harassed and raped by deceased -ASI Karan Singh in the year 2012. Learned counsel submits that in spite of having submitted numerous complaints, no action was taken and it is only upon the intervention of the Commissioner of Police, Ambala and after a period of a year and a half that the police registered FIR No. 164 dated 27.11.2013 against their own Officer, namely, ASI Karan Singh (since deceased) under Sections 376(2), 506 of the Indian Penal Code at Police Station Barara, District Ambala. Learned counsel for the petitioner further submits that even as per the alleged suicide note left behind by the deceased, the assertion contained therein of the present petitioner having filed complaints cannot be construed towards abetment leading to the suicide of deceased -ASI Karan Singh, as the petitioner was merely taking resort to her vested legal remedies. Per contra, learned State counsel has opposed the present bail petition by stating that deceased -ASI Karan Singh has left behind a suicide note in which name of the present petitioner prominently figures along with other co -accused. That apart, learned State counsel would even advert to the enquiry report dated 12.7.2012 submitted by Assistant Commissioner of Police, Barara, enquiry report dated 29.7.2013 submitted by the Assistant Commissioner of Police, Ambala Cantt. as also enquiry report dated 28.12.2012 furnished by the Assistant Commissioner of Police, Panchkula and appended as Annexures R2, R3 and R4 respectively along with the reply to contend that the complaints lodged by the petitioner raising allegations against deceased -ASI Karan Singh were found to be without substance.
(3.) LEARNED counsel for the parties have been heard.;


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