KONARK SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition for regular bail has been filed by petitioner Konark Sharma an accused in FIR No.143 dated 20.7.2017, under Sections 406, 420, 323, 376, 377, 506 IPC, registered at Police Station Model Town, Ludhiana.

(2.) Briefly stated, the facts of the case as per the prosecution story are that the complainant Isha had submitted an application addressed to Commissioner of Police, Ludhiana seeking registration of FIR against Konark Sharma (husband), Rattan Sharma (father-in-law), Kiran Sharma (mother-in-law), Sumti Sharma, Raminder Kaur @ Rammi, Sumedh and Amit Sharma etc. inter alia stating that in May, 2013 accused Konark Sharma along with his family members and relatives named therein came to house of the complainant with an intention to defraud the complainant stating that Konark Sharma was not married earlier and was a bachelor and they liked the complainant; that they stated that the money, which the parents of complainant wanted to spent for the marriage function, be given in cash, therefore, parents of the complainant gave Rs.15 lakhs in cash and gold jewellery to them, which was so done in the last week of May, 2013; that later on ring ceremony was also performed on 5.6.2013 itself; that the marriage of complainant was performed with Konark Sharma, thereafter, the complainant and Konark Sharma lived as husband and wife; that Konark Sharma continued having physical relations with the complainant. That both of them had visited various places in the country; that they had attended social functions also; that in September, 2013, the complainant had checked mobile phone of Konark Sharma and came to know that he was already married with a girl named Yukti of Ludhiana and litigation was pending between them, further they were having a child also and that marriage between Konark Sharma and Yukti was subsisting. According to the complainant, she was confined in a room and severely beaten up by Konark Sharma, who threatened that he would get her and her parents killed through gangsters, if the complainant told anything to her parents. In the FIR, there are allegations of maltreatment, harassment of complainant at the hands of Konark Sharma and his family members and allegations of Konark Sharma having unnatural sex with the complainant despite her protest. There is mention of younger sister of complainant being assaulted by parents of Konark Sharma. It has been mentioned that all the photographs taken at the time of marriage of complainant with Konark Sharma are in possession of the latter, since it was he who had brought the cameraman. On the basis of such application submitted by the complainant, formal FIR was registered. Accused Konark Sharma was arrested. He had filed an application for regular bail in the Court of Sessions but the same was dismissed by learned Additional Sessions Judge, Ludhiana vide order dated 28.11.2017, therefore, the petitioner has approached this Court for grant to similar relief.

(3.) Notice of the petition was given to respondent State and counsel representing the State has put in appearance. The complainant has also appeared through counsel.