The Court emphasizes the gravity of the crime and potential risks of witness tampering in denying bail to Chhinder Kumar.
In a significant ruling, the Punjab and Haryana High Court has denied the bail application of Chhinder Kumar, accused in a chilling double murder case allegedly motivated by honor killing. The decision was pronounced by Justice Sumeet Goel, who highlighted the serious nature of the allegations and the potential societal impact of granting bail in such a grave matter.
The case pertains to the brutal murder of a couple, Rohtash Singh and Suman, who were allegedly killed for marrying against the wishes of Suman's family. The couple had taken refuge in the house of the complainant, Sukhdev Singh, fearing for their lives. On October 17, 2021, a group of 16 individuals, armed with deadly weapons, forcibly entered the complainant's house, abducted the couple, and later murdered them, leaving their bodies in a street in another village.
Chhinder Kumar, along with other co-accused, was arrested on November 5, 2021. The prosecution has charged him under multiple sections of the Indian Penal Code, including murder and criminal conspiracy. Despite completing the investigation and presenting the final report to the court, only two out of the 33 prosecution witnesses have been examined, indicating a slow-moving trial.
The defense argued that Kumar had been falsely implicated and had no direct role in the crime, claiming that his name was only included based on general allegations. The defense also highlighted Kumar's prolonged custody since November 2021 and the delay in trial proceedings as grounds for bail.
However, the State's counsel strongly opposed the bail, citing the grave and heinous nature of the offense and the risk of Kumar influencing or intimidating witnesses if released. The Court agreed, noting that the allegations against Kumar were serious and specific, indicating his active participation in the crime.
Justice Goel, in his judgment, underscored the importance of maintaining public order and societal conscience, stating that granting bail in such cases could undermine the severity of the offense and potentially embolden the accused. The Court also expressed concern over the potential for witness tampering, given that many witnesses are yet to testify.
In conclusion, the Court dismissed the bail petition and directed the trial court to expedite the proceedings, aiming to conclude the trial within a year. The ruling sends a strong message about the judiciary's stance on honor killings and the importance of safeguarding the integrity of the judicial process.
Bottom Line:
Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 rejected in case involving double murder arising out of alleged honor killing - Court emphasized on the gravity of the offence, societal impact, and potential risks of influencing witnesses while denying the bail.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Indian Penal Code Sections 302, 452, 364, 148, 149.
