CRM-M-25838 of 2017(OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CRM-M-25838 of 2017(OM)
Date of decision : 06.11.2017
State of Punjab
CORAM : HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Aayush Gupta, Advocate
for the petitioner.
Mr.Rahul Rathore, DAG, Punjab.
Mr. Piyush Bansal, Advocate
for the complainant.
Petitioner seeks the concession of anticipatory bail in FIR
No.66 dated 28.04.2017, under Section 354 IPC (Section 354-A IPC
added lateron), registered at Police Station Sarabha Nagar, District Police
Petitioner is the stepfather of the complainant. It is submitted
that litigation is pending between the petitioner and his wife i.e. the
complainant’s mother. A civil suit suit was filed by the petitioner’s father-
in-law and sister-in-law prior to the registration of this case. A complaint
filed in respect to the incident in question, which is alleged to have taken
place on 04.10.2016 was investigated by the Incharge Women Cell,
Ludhiana and the matter was filed. The present FIR was thereafter
registered pursuant to a subsequent inquiry conducted by the Assistant
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CRM-M-25838 of 2017(OM) 2
Commissioner of Police, Ludhiana. It is submitted that the petitioner has
been falsely implicated in this case due to pending litigation between the
petitioner and the complainant’s mother/her family. Moreover, the
petitioner, who is not involved in any other criminal case has since joined
investigation pursuant to order dated 10.08.2017. Therefore, it is prayed
that this petition be allowed.
Learned counsel for the State, on instructions from ASI
Jitender Singh, verifies the pendency of litigation between the petitioner
and his wife i.e. the complainant’s mother/her family as mentioned above.
It is further verified that the petitioner has joined investigation pursuant
to order dated 10.08.2017. He is not reported to be involved in any other
There are no allegations on behalf of the State that the
petitioner is likely to abscond or that he is likely to dissuade the witnesses
from deposing true facts in the Court, if released on bail.
Keeping in view the facts and circumstances as above, but
without commenting upon or expressing any opinion on the merits of the
case, this petition is allowed. Consequently, order dated 10.08.2017, is
06.11.2017 (LISA GILL)
Whether speaking/reasoned : Yes/No
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