RAJINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail in FIR No.337 dated 14.06.2020 under Sections 323, 34, 376, 498-A, 511 IPC, registered at Police Station Samalkha, District Panipat.

(2.) Learned senior counsel for the petitioner submits that as per allegations in the FIR, registered at the instance of Jyoti wife of Vishal Gahlyan, son of the petitioner, on 12.06.2020, when at about 11.20 PM, she was sleeping in her room, her brother-in-law Vikas and father-in-law Rajender Gahlyan entered into her room and tried to commit wrong act with her. When she made noise, the accused persons gave beatings to her and even her husband did not support her. It is further submitted that in fact, FIR No.338 dated 14.06.2020 was registered under Sections 323, 34, 452, 506 IPC, at Police Station Samalkha, District Panipat on the complaint given by the petitioner and the present FIR is just a counter-blast to the same, however, later on, the said FIR No.338 was cancelled by the police during the investigation.

(3.) Learned senior counsel for the petitioner has argued that in fact, it is a matrimonial dispute between complainant Jyoti and her husband namely Vishal Gahlyan, whereas the petitioner being father-in-law, who is aged about 57 years, is involved in another FIR No.481 dated 08.08.2020 under Sections 323, 34, 376, 506 IPC, Police Station Samalkha, District Panipat, again with allegations of trying to commit rape, in which he has been granted the concession of regular bail. The operative part of the order dated 03.12.2020 passed in CRM-M-39872-2020, granting bail to the petitioner in FIR No.481, reads as under: -