KANWAR SHAMSHER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application, under section 438 Cr.P.C., for pre- arrest bail in a case likely to be registered by Aeshna Mittal and/ or her family members either at Shimla or somewhere in Panchkula, Haryana.

(2.) IT has been stated that petitioner No. 3 is the son of petitioners No. 1 and 2, petitioner No. 4 is the daughter of petitioners No. 1 and 2 and petitioner No. 5 is the husband of petitioner No. 4. The petitioner No. 3 was married to Aeshna Mittal on 4.12.2011 and they have been living together at Shimla. Aeshna Mittal could not adjust with petitioner No. 3. The remaining petitioners tried their best to bring about rapprochement between husband and wife but they failed. The parents of Aeshna Mittal did not take the matter seriously. However, on the persistence of petitioners, the parents of Aeshna Mittal and uncle, aunt came to Shimla on 22.7.2012 to the house of petitioners but without any settlement between petitioner No. 3 and Aeshna Mittal.

(3.) THE aforesaid persons thereafter went to Police Station, Chhota Shimla and made a false report seeking police help to Aeshna Mittal and others. The GD entry No. 24(A) on 20.8.2012 was recorded to this effect at Police Station, Shimla East. The informants and Aeshna Mittal told the police that they don't want any legal action against the in-laws of Aeshna Mittal at Shimla. GD entry No. 26(A) to this effect was entered on 20.8.2012 at Police Station, Shimla East. It has been stated that Aeshna Mittal and her family members by recording aforesaid GD No. 24(A) and GD 26(A) made the basis for registration of case against the petitioners at a place of their choice and influence.