“Anticipatory Bail Granted: ‘A Lady Cannot Be Forced to Marry a Person Even if She Had Earlier Developed Intimacy With Him,’ Says Punjab and Haryana High Court”

Chandigarh, August 24, 2023 – In a significant ruling today, the Punjab and Haryana High Court granted anticipatory bail to Gurleen Kaur, who was accused in an abetment to suicide case. The judgment was pronounced by Hon’ble Mr. Justice Gurbir Singh.

The case revolved around an FIR filed against Gurleen Kaur under Section 306 of the IPC, alleging that she was responsible for the suicide of a young man named Rahul. The two had met at a coaching center and developed an intimate relationship, which later became strained.

In his observation, Justice Gurbir Singh stated, “A lady cannot be forced to marry a person even if she had earlier developed intimacy with him.” The court found that no overt act had been attributed to the petitioner that led to the suicide of the deceased.

The court also emphasized that custodial interrogation of the petitioner was unnecessary. “The petitioner is an unmarried girl and no recovery is to be effected from her,” the judgment read.

Gurleen Kaur was directed to join the investigation as and when required and was granted bail upon furnishing of bail bonds/surety bonds. She is also required to abide by conditions specified under Section 438(2) of the Cr.P.C.

The judgment cited several precedents, including Gurcharan Singh vs. State of Punjab and Mukesh Kher vs. State of Haryana, but noted that these were not directly applicable to the facts of the present case.

This ruling is expected to have implications for similar cases where the role of a woman in abetment to suicide is under scrutiny. Legal experts believe that the judgment could serve as a precedent in emphasizing personal liberty and the limitations of custodial interrogation.

Date of Decision: August 24, 2023

Gurleen Kaur  vs State of Punjab