Judgment

Mr. Arun Monga, J.

CRM-44060-2023

For the reasons stated in application, same is allowed subject to all just exceptions.

Main case (O&M)

Following the denial of bail by the learned trial Court, the petitioner is now before this Court seeking his release as an under trial in a case FIR No.208 dated July 17, 2023, registered under Sections 327 , 323, 294, 506, 120-B, 384 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as ‘IPC’) (Section 201 IPC added later on), at the Zirakpur, Police Station in SAS Nagar (Mohali).

2. According to the prosecution’s account, the complainant, Poonam Rajan, filed a complaint on June 15, 2023, with the SHO of P.S. Zirakpur, seeking the registration of a case against Ashish Kapoor (the petitioner), his wife Kamal Kapoor, Harjinder Singh ASI, DSP Pawan Kumar, DSP Tarlochan, DSP Samarpal, DSP Pawan Kumar (who was the SHO of PS Zirakpur at the time), Arun Rajan, Hem Raj, and others. Allegations levelled include a conspiracy among them with the motive to illegally torture the complainant and her family members.

2.1. The complainant claimed that she was tortured and beaten while under police remand in FIR No.151 from May 09, 2018, to May 22, 2018.