RAHUL AHIR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 438 Code of Criminal Procedure seeking pre-arrest bail in a case registered against the Petitioner under Sections 406/498-A/312/314/315/506/323/120-B/316/511 IPC vide FIR No. 11 dated 4.2.2011 at police station Lambra, District Jalandhar.

(2.) Learned Counsel for the Petitioner argued that allegations levelled by the complainant in the FIR are totally false and frivolous. He emphasised that marriage between the Petitioner and complainant was a result of love affair and thus, there was no question of any demand of dowry. He submitted that allegation that the complainant aborted as a result of blows given on her abdomen is totally false. He submits that this is clear from the medico-legal report which shows no injury on the abdomen of the complainant. Learned Counsel also submitted that on 17.10.2010 the complainant had sent certain messages from her mobile in which she had threatened that she would take revenge.

(3.) Learned State counsel, however, vehemently opposed the prayer for pre-arrest bail. He submitted that complainant was mal-treated in her matrimonial home. Demand of Rs. 10 lacs was made from her parents. According to him, a perusal of medical record shows that complainant was three months pregnant. However, she was assaulted by the accused including the Petitioner. Kick blows were given on her abdomen after which she felt severe pain. Her father took her to hospital where she aborted. He also referred to medico-legal report dated 18.10.2010 and submitted that version given by the complainant was supported by the medical evidence. According to him, there was diffused swelling on forehead of the complainant as well as reddish contusion. Similar contusion was present on back of scapular and clavicular area and patient complained pain in abdomen.