CASE: Bhim Saini @ Bhimraj Saini v. State of Rajasthan 2022 (Raj) 184
Shubhi Rathore | Prabhat Bandhulya
The Court was hearing a bail application filed by the accused, Bhim Saini and Shubham @ Golu, who have allegedly committed the honour killing of the deceased, Azad. The deceased got married to Bhim’s sister Jiya, a major girl,by eloping with her to which the accused-petitioners did not agree. Later, the girl went along with the accused petitioner Bhim Saini and the deceased filed a Habeas Corpus petition stating that his wife has been illegally detained by her family. However, the accused and the deceased entered into a compromise deed upon the same and the petition was withdrawn. Within a few days, the deceased went missing and then his dead body was found in ‘Barda of Jakhmund’, a pond. The Court held that this case seems to have a strong trait of honour killing as all the circumstantial facts form a perfect chain to show that. The court also observed that, yes every citizen of this country has a fundamental right and a legal right. If it is obstructed by someone then recourse is to be taken by the procedure established by law and not by taking law into their own hands, because no one is above the rule of law. Hence, the bail application of both the petitioners was dismissed.