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In the court of Mrs. Neelam Arora, Addl. Sessions Judge,


Hoshiarpur, UID No. PB0091

CIS No. : BA/2374/2021


CNR No. PBH0010065852021
Date of order: 12.10.2021

Paramjit aged about 35 years son of S. Bhan Parkash r/o village


Bulandpur, District Jalandhar.

Accused-applicant

Versus
State of Punjab
Respondent.

FIR No. 156 dated 19.09.2021


U/s 306, 34 IPC, 1860
P.S. Sadar, Hoshiarpur.

FIRST APPLICATION FOR ANTICIPATORY BAIL UNDER


SECTION 438 CR.P.C.

Present: Shri A.P.S. Pathania Adv., counsel for applicant/accused.


Sh. Rajneesh, Addl. PP for the State
Sh. M.P.Singh Adv., counsel for complainant

ORDER:

This order of mine shall dispose off application under Section

438 Cr.PC, moved by aforesaid applicant/accused, seeking anticipatory

bail in the present case bearing FIR No. 156 dated 19.9.2021, under

Section 306, 34 IPC, 1860, PS Sadar, Hoshiarpur.

2. Notice of the bail application was issued to the

respondent/State and the record was requisitioned.

3. The learned counsel for applicant/accused has argued that

applicant/accused is innocent and false FIR has been registered against the

accused. The deceased and his wife were living separately at a distance of
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about 50 K.M. from each other at the time of alleged suicide. It is

submitted that co-accused Hina Teji was receiving threats on phone from

the person that he will commit suicide by consuming some poisonous

substance. In this regard, Hina Teji had moved a complaint to nearby P.P.

Surya Enclave, Jalandhar on 18.09.2021 and she informed her father-in-

law about the conduct of deceased but the family of deceased did not take

care of him and allowed him to commit suicide. In fact, deceased was

doing the business of D.J and Tent House and was a drug addict. During

COVID-19 his business was not running and due to that reason, he was

under depression and due to that reason he might have committed suicide

but he has not attributed anything against applicant in the FIR or in the

alleged statement. Thus, there is no allegation of abetment against

applicant and section 107 IPC is not attracted. It is submitted by learned

counsel for applicant/accused that applicant/accused is neither family

member nor in contact with the deceased and he is Human Rights activist

and was member of Panchayat, which was convened to settle the dispute

between the parties and it is further submitted by learned counsel for

applicant/accused that applicant has got no role to play in this case. It is

further submitted that applicant/accused is ready to join investigation. Ld.

Counsel for applicant/accused placed reliance upon case law i.e. Ranjit

Kaur Vs. State of Pb., CRM M 42391 of 2019 (O&M) d/d 05.11.2019,

Saroj Vs. State of Haryana, CRM M 7828 of 2011 (O&M) d/d

18.04.2011, Puneet Singh & another Vs. State of Pb., CRM M 9026 of

1999 D/d 20.08.1999, Hemawati Vs. State of Himachal Pardesh, Cr.


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MP (M) No. 1113 of 2020 D/d 14.07.2020. A prayer for allowing the

present bail application.

4. On the other hand, the learned Addl. PP for the State being

assisted by Sh. M.P. Singh Advocate appearing for complainant have

resisted the bail application by submitting that Navdeep Singh deceased

has suffered dying declaration before his death, in which he has clearly

alleged that his mother in law Kiran, brother in law Kunal and Paramjit

Pammi, the friend of his brother in law do not let his wife to join him, due

to which, he has consumed some poisonous substance and took this step

as he was compelled by them to do so and this dying declaration stands

signed by Doctor and the complainant. Further it is argued that deceased

Navdeep Singh has named all the accused in the video graphy prepared by

him before his death and also named the applicant, whose name also finds

mention in the FIR itself. It is submitted that there are clear allegations

against applicant/accused and he is not entitled to be released on bail.

Hence, it is prayed that bail application may be dismissed.

5. Heard. Perused the record and the pen drive attached in the

connected bail application i.e. BA/2333/2021 titled as “Heena Teji Vs.

State” fixed for today. The record shows that the complainant Ravinder

Singh levelled allegations in the FIR that his brother Navdeep Singh was

married to Hina Teji d/o Tirath Ram on 1.11.2019. After about six months

of marriage, Hina along with her mother Kiran, her brother Kunal and

Kunal’s friend Parmajit @ Pammi started interfering in the married life of

Navdeep Singh, due to which there remained disturbance in the family. All

the aforesaid persons started pressurizing Navdeep to live separate from


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his other family members and to purchase a house in the name of Hina.

But Navdeep did not agree for the same, after which since October 2020,

Hina started residing most of time in her parental house at Jalandhar.

Panchayats were convened for settlement of the dispute, but to no effect.

Rather, the accused started threatening to implicate Navdeep in false

cases, due to which, Navdeep perturbed and on 18.9.2021, being fed up

with the behaviour of aforesaid persons, he consumed poisonous

substance and later he died in the hospital. The complainant further

alleged that before his death, his brother Navdeep also got recorded his

statement in the IVY Hospital, Hoshiarpur in his presence and in the

presence of Doctor holding the accused responsible for his death. Also the

complainant alleged that his brother Navdeep has ended his life by

consuming some poisonous substance being fed up with his wife Hina,

mother in law Kiran, brother in law Kunal and Kunal’s friend Paramjit @

Pammi. The record shows that there is dying declaration suffered by

deceased Navdeep Singh before his death in IVY Hospital, Hoshiarpur on

19.9.2021 at 12.25 am, which stands signed by the Doctor and the

complainant, wherein he has stated that his mother in law Kiran, brother

in law Kunal and Paramjit Pammi, the friend of his brother in law do not

let his wife to join him, due to which, he has consumed some poisonous

substance and took this step as he was compelled by them to do so. In the

video prepared by deceased before committing suicide, placed by learned

counsel for complainant in the connected bail application, he has named

all his relatives along with present applicant. Therefore, there are serious

and direct allegations levelled by deceased Navdeep Singh in his dying


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declaration against the applicant/accused in the FIR. The case laws relied

upon by the learned counsel for applicant are not applicable to the facts

and circumstances of the present case being distinct in nature. The entire

allegations levelled by deceased Navdeep Singh in his dying declaration

and by the complainant in the FIR, need to be investigated by the

Investigating Agency properly. The record shows that bail application of

co-accused Kunal Teji has already been dismissed by this court vide order

dated 28.09.2021. So, in the light of above mentioned facts, circumstances

of the case and the serious nature of allegations, this Court does not deem

it a fit case, where discretionary relief of anticipatory bail can be granted

to the applicant/accused. Accordingly, the application in hand is

dismissed. Police record be returned. File be consigned to the record

room.

Announced: (Neelam Arora)


Dt. 12.10.2021 Addl. Sessions Judge
(Rupesh Sharma) Hoshiarpur
Stenographer-II UID No. PB0091
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Paramjit Vs. State (BA/2332/2021)

Present: Shri A.P.S. Pathania Adv., counsel for applicant/accused.


Sh. Rajneesh, Addl. PP for the State
Sh. M.P.Singh Adv., counsel for complainant

Record produced. Arguments heard. Vide my separate


detailed order of even date, bail application filed by the applicant has been
dismissed, as stated therein. Record be returned. File be consigned to the
Record Room.
Announced: (Neelam Arora)
Dt. 12.10.2021 Addl. Sessions Judge
(Rupesh) Hoshiarpur
Stenographer-II UID No. PB0091

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