IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-38301-2018 (OM)
Date of Decision:- 3.9.2019
Satyanarayan … Petitioner
Versus
State of Haryana … Respondent
CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Yashwant Singh Rathore, Advocate for the petitioner.
Mr. Ashok Singh Choudhary, Addl. AAG, Haryana
Mr. Mayank Sharma, Advocate for the complainant.
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GURVINDER SINGH GILL, J.
1. The petitioner Satyanarayan has approached this Court seeking grant of
anticipatory bail in a case registered against him vide FIR No.55 dated
8.8.2018 under Sections 498A, Section420, Section506, Section509 and Section120-B IPC at Police
Station Women, District Kurukshetra.
2. The FIR was registered at the instance of Parveen Kumar Harit wherein it
has been alleged that her niece Aarti Sharma i.e. daughter of complainant’s
widowed sister Usha Sharma was married to Amar Gautam on 27.11.2004
wherein dowry had been given to Amar Gautam as well as to other members
of his family including his parents i.e. Satyanarayan and Vimla Gautam,
sister and brother-in-law, beyond their means. However, Aarti Sharma’s
husband and other accused were not satisfied with the dowry and started
demanding a car on account of which they used to physically and mentally
For Subsequent orders see CRM-28942-2019 Decided by HON’BLE MR. JUSTICE GURVINDER SINGH
GILL
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harass Aarti Sharma. Later, when Aarti Sharma was pregnant, then the
complainant’s brother-in-law gave a Santro Car to accused after raising a
loan and the said car was registered in the name of Aarti Sharma. It is
further alleged that the accused started harassing the complainant’s niece and
her mother to an extent that the complainant’s niece and her mother Usha
Sharma thought of committing suicide and jumped into Sukhna Lake,
Chandigarh. While the complainant’s sister Usha Sharma died, the
complainant’s niece Aarti Sharma was saved by the police officials present at
the lake.
3. The learned counsel for the petitioner has submitted that he has falsely been
implicated in the present case on account of their having been some
matrimonial incompatibility between the petitioner’s son and his wife Aarti
Sharma due to which the entire family of Aarti Sharma’s husband had been
involved.
4. Opposing the petition, the learned State counsel has submitted that since the
petitioner has specifically named in the FIR and there are specific
allegations against the accused, no case for grant of anticipatory bail is made
out more particularly, in view of the fact that the allegations in the FIR
regarding harassment stands substantiated from the fact that mother of the
victim committed suicide and even the victim made a vain attempt to end her
life by jumping into Sukhna Lake.
5. I have considered rival submissions addressed before this Court. Although,
the allegations as levelled in the FIR cannot be said to be absolutely
baseless, at this stage, but the fact that remains that in the present case
For Subsequent orders see CRM-28942-2019 Decided by HON’BLE MR. JUSTICE GURVINDER SINGH
GILL
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challan has already been presented. As such, at this stage, it is not a case for
custodial interrogation of the petitioner, who is father-in-law of the victim.
6. The petition, as such, is accepted and the interim directions issued vide order
dated 4.9.2018 are hereby made absolute subject to the condition that the
petitioner shall appear before the trial Court regularly and shall abide by any
such condition as may be imposed by the trial Court.
7. It is, however, made clear that none of the observations made above shall be
taken to be an expression on merits of the main case.
3.9.2019 (Gurvinder Singh Gill)
kamal Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
For Subsequent orders see CRM-28942-2019 Decided by HON’BLE MR. JUSTICE GURVINDER SINGH
GILL
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