BALDEV SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner - Baldev Sharma, aged about 53 years, resident of village Kami, Tehsil and District Panchkula, an accused in FIR No.41 dated 21.1.2021, under Sections 406, 498-A, 306, 120-B, 354, 376, 511IPC, registered with Police Station Shahabad, District Kurukshetra.

(2.) Briefly, the facts of the case as per the the prosecution story are that criminal machinery in this case was set into motion by complainant Ritu daughter of Sh.Suresh Kumar, resident of village Yaara, Tehsil Shahabad, District Kurukshetra, who in the written complaint submitted by her to Superintendent of Police, Kurukshetra sought taking of legal action against her father-in-law - Baldev (present petitioner), mother-in-law - Kusum, brother-in-law - Harish contending that she was married with Mahesh Kumar son of accused Baldev and Kusum on 4.11.2011 and the couple was blessed with two children i.e. a son aged about 8 years and a daughter 2 years old; the parents of the complainant had given sufficient dowry at the time of her marriage with Mahesh Kumar and complainant along with her husband and children had been living happy life but the complainant was taunted and harassed by her father-in-law Baldev and mother-in-law Kusum for bringing less dowry and they used to demand Rs.5 lakhs; the husband of the complainant did not like such attitude of his parents and tried to prevail upon them not to raise such type of demands but to no effect, rather Baldev - father and Kusum - mother and Harish - brother of Mahesh Kumar turned against him picking up quarrels with Mahesh Kumar and holding out threats to him; the complainant and Mahesh Kumar along with their children were asked to shift to one room on the top floor of the house; Mahesh Kumar demanded his share in the property from his parents stating that on being given his share, he would shift to some other place but accused did not do so, rather parents of Mahesh Kumar disinherited him; Mahesh Kumar went in depression; all the accused kept on taunting Mahesh Kumar that he was a henpecked husband; on 16.11.2020, accused gave beatings to Mahesh Kumar and abused him; the accused asked Mahesh Kumar that it was better for him to die rather than live as slave of his wife; Mahesh Kumar on account of such beatings given by accused and taunts made by them, consumed celphos poison on that very day at about 2:00/3:00 p.m.; he was taken to local hospital from where he was referred to PGI, Chandigarh but he could not survive; the Corona test performed upon Mahesh Kumar at PGI, Chandigarh; he was found to be Corona positive, as such his last rites were performed there; the accused had apologized at that time and given assurance to take care of complainant and her children; as such, father of the complainant did not disclose all the things to the police and he persuaded the complainant not to do herself also. However, after few days of death of Mahesh Kumar, accused again started abusing her and after 15 days, they threw the complainant and her children out of the matrimonial home, refusing to allow them to return to the matrimonial home. Though father of the complainant had convened several Panchayats to persuade the accused not to do so. According to the complainant, her father-in-law Baldev had tried to have physical relations with her on several occasions inasmuch he used to send son of complainant to ground floor and did bad acts with her. He would rub his hand on her body and used to say that if she fulfilled his wishes, then he would allow her to live in his house, otherwise he would not permit the complainant to reside in his house. The complainant disclosed such incidents to his mother-in-law but she rather supported Baldev. According to the complainant her brother-in-law Harish also misbehaved with her on several occasions kissing her while she was standing and tried to commit rape upon her, threatening her with a knife. The complainant ultimately disclosed all those incidents to her mother. In the criminal complaint submitted by her to the police, she sought taking of legal action against the accused. After registration of the formal, FIR, the investigation in the case started.

(3.) Apprehending his arrest in this case, the present petitioner had approached the Court of Sessions seeking grant of pre-arrest bail by filing an application, which was assigned to learned Additional Sessions Judge (Fast Track Special Court for the offences of Rape and under POCSO Act), Kurukshetra. However, his such request was declined by learned Additional Sessions Judge (Fast Track Special Court for the offences of Rape and under POCSO Act), Kurukshetra vide detailed order dated 16.2.2021. As such, the present petitioner has approached this Court by way of filing the instant petition asking for the similar relief.