DAKSH AADIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner Daksh Aadia, an accused in FIR No.219 dated 2.10.2017, under Sections 304-B, 120-B IPC(Section 302 IPC added later on), registered at Police Station Division No.4, District Ludhiana.

(2.) Briefly stated, facts of the case as per prosecution story are that complainant Vipan Kumar Dhir son of Baldev Raj Dhir, resident of 369, Phase-1, Urban Estate Dugri, Ludhiana, aged about 61 years, lodged the FIR in this case by making a statement to the police stating therein that his daughter Ritu Dhir, who was highly qualified working as Lecturer at Master Tara Singh College, Sabzi Mandi, Ludhiana was married with Gaurav Aadia son of Parveen Aadia, resident of Ludhiana on 28.7.2017; that he had spent Rs. 35 to 40 lakhs at the time of the marriage giving costly and valuable items including gold jewellery in dowry to his daughter but husband of Ritu, namely Gaurav Aadia, father-in-law Parveen Aadia, mother-in-law Kamlesh Aadia, brother-in-law Daksh Aadia (petitioner) started harassing Ritu on account of demand of dowry; that they had a grouse that neither any car had been given in dowry nor Rs. 7 lakhs as cost of the car; that Ritu informed her parents in that regard; that she used to be given beatings by her husband and in-laws besides being caused mental torture; that on 30.9.2017, which was Dusshera festival, Ritu contacted her father informing that her in-laws family was harassing her and giving beatings to her saying that she would have to fulfil their demands, then the complainant stated that he would come to the matrimonial home on the next day, however, on 1.10.2017 at about 1:00 p.m., Gaurav Aadia informed the complainant that an incident had happened and he was taking Ritu to DMC Hospital, Ludhiana asking him to come there. According to the complainant, he reached there and saw that his daughter was in a bad condition and when asked, she with great difficulty informed him that her in-laws family had given her poison; that on 10.2017, she expired. In the statement, the complainant stated that Dr.Navjeevan Bhalla, Abhinav Sharma and Anil Kumar alias Surali were part of the conspiracy in giving poison to Ritu. According to the complainant, Ritu used to tell him that Dr.Navjeevan Bhalla, Abhinav Sharma and Anil Kumar alias Surali used to visit her in-laws house and were instigating her in-laws family to demand more dowry and car. After registration of the FIR, the matter was investigated.

(3.) Apprehending his arrest in this case, the petitioner had approached the Court of Sessions seeking grant of pre-arrest bail by filing an application, however, his such request was declined by learned Additional Sessions Judge, Ludhiana vide order dated 1.11.2017. As such, the petitioner has approached this Court asking for similar relief.