Anticipatory bail may be denied in serious offences where allegations are grave and custodial interrogation is necessary for a fair investigation.

JUDGMENT :

Mr. Sumeet Goel, J.:-Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Sections 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘BNSS’) in FIR No.74 dated 21.09.2024 registered for offences punishable under Sections 323, 354-A, 498-A and 506 of IPC at Police Station Women Police Station, Yamuna Nagar, District Yamuna Nagar.

2. The gravamen of the FIR in question pertains to demand of dowry, harassment, cruelty,severe physical, emotional and mental abuse being meted out to the complainant by the accused including the petitioner. It was alleged by the complainant that she was married on 19.02.2022 with the son of the petitioner namely Sanchit Sanan. Before marriage, sufficient dowry and gifts were given to the petitioner (father-in-law) and his family. After the marriage, the complainant stayed for a day at Saffire Hotel, Yamuna Nagar. It is further stated in the FIR that the complainant endured harassment from her husband and in-laws, including forced unnatural relations, drug addiction, illicit affairs, and refusal to support household expenses. It was further alleged that the husband of the complainant, under the influence of drugs, acted abusively and pressurized the complainant to demand more dowry from her family. On multiple occasions, the in-laws of the complainant demanded large amounts of money, abused and physically assaulted the complainant. The petitioner, who is father-in-law of the complainant even attempted to force physical relations with the complainant and the husband of the complainant supported these actions, threatening the complainant with divorce it she resists. It has been further alleged by the complainant that her husband had extramarital relations and thereby trying to expose her to diseases and leading to serious health issues. Despite repeated attempts to reconcile, the husband of the complainant and his family continued harassing the complainant and threatened to defame her and her family. On these set of allegations, the FIR in question has been registered.

3. Learned counsel for the petitioner has iterated that the complainant has filed multiple baseless complaints in various jurisdictions, including London, Mohali and Jagadhri, with the intent to harass and extort money from the petitioner and his son. It has been further iterated that as a senior citizen, the petitioner is suffering from various mental, emotional and financial distress due to the repeated police actions resulting from these complaints. From the bare perusal of the FIR, the allegations levelled against the petitioner are vague in nature. Furthermore, learned counsel submits that in order to prevent the misuse of Section 498-A of IPC, the Hon’ble Supreme Court has laid down certain guidelines and directed that the family members, particularly elderly parents, should not be arrested or implicated without proper investigation. Furthermore, the complainant has concocted the story only with a view to force the petitioner and his family to pay huge settlement amount and hence the allegations are motivated with malicious intent of extorting money. It has been further argued that there is no need for custodial interrogation of the petitioner, as nothing incriminating remains to be recovered from him. Moreover, there is no likelihood of the petitioner absconding from the process of justice in case he is enlarged on pre-arrest bail.

4. Learned State counsel has opposed the grant of instant petition by raising submissions in tandem with the reply/status report dated 24.10.2024 filed on behalf of the State; relevant whereof reads as under:-

“7. That during the course of further investigation, a pen drive containing the voice recording between the victim/complainant and the petitioner and his son has been taken into the possession. The said pen drive supports the version of victim/complainant and indicates the commission of offence by the petit