VISHAL SINGH PANESAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, Vishal Singh Panesar, has filed this petition under Sec. 438 of the Criminal Procedure Code, for grant of anticipatory bail in FIR No. 163 dated 13.8.2009 registered at Police Station Phagwara City, District Kapurthala, under Sections 376, 389, 506, 498-A, 294, 354 and120-B Indian Penal Code. He has contended therein that he has been falsely implicated under a well planned conspiracy. He solemnized love marriage with the complainant on 23.10.2008 at Chandigarh against the wishes of her parents, who belonged to Khatri Sikh community whereas he is Ramgarhia Tarkhan by caste. After the marriage, the parents and relatives of the complainant started harassing and threatening him and his family members that they would be involved in some false criminal case as they have influence over local police. He approached the police and the Punjab State Human Rights Commission for protection of his life and that of his family members. He had been living happily with the complainant at Phagwara, when her parents tried to disturb their matrimonial life, but could not succeed in their said motive. In the month of Feb., 2009, her mother took the complainant from his house on the plea of purchasing articles for the wedding of her brother and thereafter confined her in her house. He rescued her from that place and also gave an application to the local police. In the month of Jan., 2009, she became pregnant, which was confirmed by medical test. When this fact was brought to the notice of her parents, they started raising threats as they did not want that she should give birth to a child. Under a planned conspiracy, her father and brother came to his house on 7.7.2009 and took her with them on the plea that her mother was serious. When he went to the house of her parents, it was found locked. On 16.7.2009, he received an information that her parents have kept and forcibly detained her in their house. He went to that place but was manhandled by the anti-social elements. He made a complaint to that effect to the SSP, Kapurthala. He filed a habeas corpus petition before this Court for release of the complainant from the clutches of her parents. After they received the summon in that writ petition, they started searching for him in order to cause injuries to him. The complainant appeared before this Court and made a statement that she was residing with her parents with her own sweet will. Her parents illegally terminated her pregnancy and to save their own skin got lodged the said FIR. It is incorporated in the FIR that one Shankar used to commit rape on the complainant against her consent without taking any precaution so as to make out a case that the pregnancy was on account of that rape. That shows deep rooted conspiracy by the complainant and her parents to get her pregnancy terminated illegally.

(2.) Notice of the petition was given to the State. I have heard learned counsel for both the sides.

(3.) This FIR was registered on the basis of written application given by Sandeep Kaur-complainant, whose marriage was solemnized with the petitioner about eight months back. She narrated therein that the petitioner is running a mobile shop, situated on the ground floor and Shankar is working in the shop, who is very close to the petitioner and used to come to their house. For one month she was kept by the petitioner in the house of that Shankar and with his consent and under the influence of intoxication, he (Shankar) used to commit cheap sex with her and compact discs were prepared with regard to those acts by the petitioner. Those acts were being committed by the petitioner and Shankar under threats that they would expose compact discs on the internet and would kill her parents. Both of them committed unnatural sex with the complainant, which caused her a lot of harassment. Even father of the petitioner had been keeping an evil eye on her. The petitioner, his parents and Shankar had been giving threats that in case the complainant wanted to live in the house then she had to perform the above said acts.