IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
209 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12910-2025 Date of Decision:- 25.08.2025 BHAVESH ....Petitioner Vs.
STATE OF HARYANA & ANR. ...Respondents CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Sunil Hooda, Advocate for petitioner.
Mr. Viney Saini, AAG, Haryana.
AMARJOT BHATTI, J.
1. Petitioner has filed instant petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in FIR No.57 dated 25.01.2025 under Sections 115, 316 (2), 79, 85 of Bharatiya Nyaya Sanhita, 2023 registered at Police Station Krishana Gate Thanasar Kurukshetra, District Kurukshetra.
2. As per facts of case, complainant - Pooja filed written complaint against her husband Bhavesh and other members of in-laws’ family alleging that her marriage was performed with Bhavesh on 20.10.2023. After 2-3 days, entire family started raising demand for a car, AC etc. She was mentally harassed, abused and beaten up. Her family members tried to convince her husband and in-laws family with the request not to ill-treat her. After 8 days only they took a room on rent in Mohan Nagar and started residing separately. Her husband was getting low salary and it was difficult for them to survive. Due to the maltreatment and harassment faced by her and her family, finally her father suffered from heart failure and expired on 14.06.2024. On 22.09.2024 her family came to drop her but they did not open the door for 30 minutes. Her husband and family again had a fight with them. At that time, she was 7 months pregnant. Ultimately, complaint was filed on the basis of which present FIR has been registered.
3. Learned counsel for petitioner pointed out that all allegations leveled against him and his family are false. There was a simple marriage and no dowry was received. Petitioner does not have any gold ornaments in his possession. There was no demand for car or AC. Petitioner is teacher in a private school having meagre salary. He is having old parents to look after. Allegations are vague. Petitioner was granted interim relief by this Court vide order dated 13.05.2025. He has already joined the investigation. He is ready to abide by the terms of bail order.
4. Bail petition is opposed by learned counsel representing State. Detailed status report has been filed. It is pointed out that petitioner has failed to join the investigation earlier. However, subsequently, he joined the investigation and his disclosure statement was recorded as Annexure R-2. List of dowry articles is annexed as Annexure R-1. Till date not even a single dowry article has been recovered. During this period complainant has given birth to a girl child on 13.11.2024. Medical record is Annexure R-1 annexed with status report dated 07.04.2025. In order to recover dowry articles and to complete the investigation, custodial interrogation of petitioner is required.
5. I have considered the arguments and have gone through the record. From the facts, matrimonial dispute between the parties is evident. She was turned out of the matrimonial home when she was pregnant and thereafter she gave birth to a girl child. Petitioner was granted interim relief to join investigation. He did join the investigation but did not fully cooperate for the recovery of dowry articles. As per status report, there is a list of dowry articles showing furniture, household articles and gold ornaments as well. In order to complete the investigation, istridhan belonging to the complainant is yet to be recovered. Conduct of petitioner indicates that he did not cooperate with the investigating agency. Therefore, I am not inclined to grant discretionary relief of anticipatory bail to the petitioner and his anticipatory bail petition is declined.
6. Pending miscellaneous application(s), if any, stand disposed of accordingly as well.
(AMARJOT BHATTI)
JUDGE
25.08.2025
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