ATUL SONI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.05 dated 19.01.2020, registered under Sections 307, 323, 498-A of Indian Penal Code and Section 25 of Arms Act at Police Station Phase-8, District SAS Nagar Mohali.

(2.) Counsel for the petitioner contends that the petitioner herein has been involved in the present false case by twisting the fact whereas, no such complaint was made by the wife of the petitioner. It is submitted that there was an altercation between husband and wife and due to that complainant-respondent No.2 reported the matter to the police wherein, no such allegation of firing of shot was alleged and in this regard, complainant-respondent No.2 already executed an affidavit. It is argued that the petitioner never maltreated or harassed his wife on account of demand of dowry. It is also contended that as per the investigating agency, weapon has already been recovered, as such, custodial interrogation of the petitioner would not be required. Counsel for the petitioner also relies upon the affidavit of the complainant (Annexure P-2) wherein, she has stated that she only signed the complaint and had not written it nor it was read over to her before signing and by using the said complaint, the instant false FIR has been registered. Counsel for the petitioner also submits that in the said affidavit, the complainant has categorically stated that due to some misunderstanding between her and her husband, an altercation took place and in order to get the matter sorted out, her daughter called the police help line number. It is also argued that the petitioner is ready to join the investigation and cooperate.

(3.) Status report filed by the respondent-State by way of affidavit of Mr. Ramandeep Singh, PPS, DSP City-II, SAS Nagar along with its annexures is taken on record and copies thereof have been handed over to the opposite counsel.