JAIPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Sec. Sec. 482 of the BNSS seeking grant of anticipatory bail to the petitioner in case arising out of FIR No.04, dtd. 21/1/2025, under Ss. 318(4), 82(1), 61(2) of BNS, registered at Police Station Women, Ludhiana, District Police Commissionerate, Ludhiana.

(2.) The aforementioned FIR was registered on the basis of complaint submitted by complainant - Shubhpreet Kaur alleging therein that she was married with the present petitioner on 6/12/2009. Huge amount of money had been spent at the time of her marriage. She was tortured by her in-laws family on account of demand of dowry and was even tried to be molested by her father-in-law. A complaint was filed by her but her in-laws had apologized and had taken her back to her matrimonial house. However, she was harassed again and FIR No.66, dtd. 2/7/2021 was got registered under Sec. 498-A IPC at Police Station Women Ludhiana. A compromise was also effected in that case. She alleged that in the month of October, 2020, the petitioner had physically assaulted her. She had reported the matter to the police to save herself and even in the presence of police officials, the petitioner and his family members had assaulted her. She further alleged that the petitioner in connivance with other accused, solemnized second marriage with one Pardeep Kaur on 15/3/2023 during subsistence of his marriage with the complainant. Therefore, she prayed for taking action in the matter. After registration of the FIR, investigation proceedings have been initiated and are under way. Apprehending his arrest, the petitioner moved an application for grant of pre-arrest bail which was dismissed by the Court of learned Additional Sessions Judge, Ludhiana vide order dtd. 19/3/2025.

(3.) It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. It is the complainant, who used to behave rudely with the petitioner and her family members and it was his family, who had assaulted the petitioner, due to which the petitioner was constrained to lodge FIR bearing No.295 dtd. 11/12/2022 against them at Police Station Division No.6, Ludhiana. The Court cannot take cognizance of offence under Sec. 82(2) of BNS and therefore, no case under this provision has been made out as against him. The provisions of offence of cheating are also not attracted. Neither any case for commission of offence punishable under Ss. 316(2) and 85 of BNS has been made out. His custodial interrogation is not required. No recovery is to be effected from him. He is ready to join investigation. With these broad submissions, it is urged that he deserves to be extended the benefit of pre-arrest bail.