GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a first petition under Sec. 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case bearing FIR No.146 dtd. 13/9/2021, under Ss. 354, 292, 509 of IPC, registered at Police Station Amargarh, District Sangrur.

(2.) Brief facts of the prosecution case are that the present FIR was registered on the statement of Harpreet Kaur, wife of Parminder Singh, who has stated that she was working as a trainer of IELTS in Passion Education Centre at Amargarh Branch, District Malerkotla, which had two partners and one of the partners was Gurmail Singh (petitioner). On 11/9/2021, at about 9.30 a.m., the complainant had gone for her job at her workplace but the students had not come due to rain. At about 12.30 p.m., the petitioner told the complainant that there is one Institute which is situated at village Bugga, where training is going on and where other teachers have also come and asked the complainant to go with him and the complainant after taking permission from her husband, went along with the petitioner. At about 4.00 p.m., when the classes were completed, the petitioner along with the complainant got into the Alto car of the petitioner to go back to Amargarh and on the way, the petitioner changed the route and started talking obscenely with the complainant and kept on using obscene language, in spite of the complainant trying to stop the petitioner from doing the same and thereafter, placed his hand on the thigh of the complainant and then on her chest and when the complainant raised objections, the petitioner threatened to kill the complainant and stated that in case she wants to continue to work in his Institute, then she would have to follow his orders. The complainant got scared and depressed and after alighting from the Alto car, called her husband, who came on the motorcycle and took her with him and thereafter, she informed her husband about the incident.

(3.) Learned counsel for the petitioner has submitted that the present FIR is, in fact, a counter-blast to FIR No.148 dtd. 14/9/2021, which has been registered by the petitioner against the complainant, her brother and her husband. It is further submitted that in fact, the said persons had caused eight injuries to the petitioner and the petitioner was initially unfit to give the statement and could only give a statement on 14/9/2021, on the basis of which FIR No.148 dtd. 14/9/2021 was registered. Learned counsel for the petitioner has further submitted that in fact, the husband and brother of the complainant and the complainant had beaten up the petitioner as they were not being made partners in the firm. It is further submitted that there were three other unidentified persons who had beaten up the petitioner.