SONIKA SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition, filed under Sec. 482 of the BNSS, 2023 (earlier Sec. 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- <IMG>JUDGEMENT_17_LAWS(P&H)3_2025_1.jpg</IMG>

(2.) Complainant - Yogesh Sharma (father-in-law of the petitioner) got lodged the aforementioned FIR by recording the facts that his son Gaurav Sharma, aged 36 years, performed marriage with Sonika Sharma (petitioner herein) on 28/1/2019. Gaurav Sharma was working as Project Manager in IT Company at NOIDA, and he had left home on 2/7/2024, without informing anyone, in his car bearing registration No. DL-9CU-3253, make Honda City. On 3/7/2024, a call was received by the complainant, informing him that Gaurav Sharma was found near Khanna in the car, after consuming poisonous medicine and is in unconscious condition, but later on, died in Civil Hospital, Khanna. On 4/7/2024, complainant - Yogesh kumar along with petitioner - Sonika Sharma and other relatives reached Khanna, and there statement of the petitioner was recorded under Sec. 194 of BNSS, 2023. Dead body was cremated on 5/7/2024. In the FIR, complainant also got recorded that his son Gaurav Sharma had typed a message from his Mobile No.98111-09071, and had sent it to his Mobile No.98111-53307. Message was in Hindi language, which is also mentioned in FIR. The same is also reproduced here-under in extracted form:-

(3.) Petitioner's counsel argues that the marriage of the petitioner and deceased 'Gaurav Sharma' was performed on 28/1/2019 and from the said wedlock, a child was born on 14/1/2021, and another female child was also born on 20/9/2023, and both the children are staying with their mother i.e. petitioner herein. Further submits that as per the allegations, 'Gaurav Sharma' had left the house on 2/7/2024 and the alleged suicide was committed on 3/7/2024. Subsequently, dead body was cremated on 5/7/2024, but by that time, no complaint or any nature was moved by the complainant to the police. It is for the first time on 29/7/2024, the present case i.e. FIR No.153, dtd. 29/7/2024, was registered under Sec. 108 of BNS, 2023, in which, petitioner has been made accused at the instance of her father-inlaw.