IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

209 Date of decision: 03.12.2025 SURAJ WADHWA PETITIONER VERSUS STATE OF PUNJAB AND ANOTHER RESPONDENTS CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Bachanpreet Singh, Advocate for the petitioner.

Mr. Kunwarbir Singh, AAG Punjab.

***

Shalini Singh Nagpal, J. (Oral)

1. Petitioner seeks anticipatory bail in case vide FIR No.135 dated 16.08.2025 under Sections 316(2), 85 of Bharatiya Nyaya Sanhita (B.N.S.), 2023 and Section 4 of Dowry Prohibition Act, 1961, Police Station City Fazilka, District Fazilka. This is his first petition for anticipatory bail.

2. On 12.11.2025, following order was passed:- “Petitioner seeks anticipatory bail in FIR No. 135 dated

16.08.2025 under Sections 316(2), 85 of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Dowry Prohibition Act, Police Station City Fazilka, District Fazilka. This is the first petition for anticipatory bail.

Learned counsel for the petitioner submits that petitioner was married with the complainant/respondent No.2 on 16.04.2022. He further submits that ever since the marriage, respondent No.2/complainant had been pressurizing the petitioner to live separately from his parents to which petitioner was not agreeable as his mother was suffering from Cancer. When petitioner refused to separate from his parents, respondent No.2 filed the complaint, only to exert pressure and harass the petitioner. On 04.03.2025, fed up with the harassment, petitioner left home and remained in Haridwar for two months. In this regard, his father got missing report Annexure P5 registered. Petitioner was also undergoing treatment for psychiatric illness. It is argued that on the same set of allegations, the parents of petitioner had been allowed anticipatory bail by learned Additional Sessions Judge, Fazilka. He further submits that petitioner has clean antecedents and is ready and willing to join investigation.

Notice of motion.

Mr. Kunwarbir Singh, AAG Punjab accepts notice on behalf of respondent-State. He has opposed the prayer for anticipatory bail arguing that prior to registration of the case, 4 complaints were filed against the petitioner and his family members regarding the harassment and illtreatment. Panchayats were also convened but to no avail.

State is directed to file status report on 03.12.2025.

Meanwhile, petitioner is directed to appear before the Investigating/Arresting Officer and join investigation within one week or as and when required. In the event of his arrest, the Investigating/Arresting Officer shall release the petitioner on interim anticipatory bail on furnishing personal/surety bonds to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.”

3. Status report by way of affidavit of Mr. Balwinder Singh, PPS, Deputy Superintendent of Police, Sub-division Fazilka, District Fazilka on behalf of respondent No.1-State has been filed. The same is made part of the record. Learned State counsel concedes that petitioner had joined investigation and cooperated. He further submits that petitioner was even ready to return gold articles but the complainant was evading appearance before the police for identification of the gold articles and due to her not joining investigation, recovery of gold articles could not be effected.

4. Considering the entire facts and circumstances of the case, as enumerated above, but without commenting on merits, order dated

12.11.2025, granting interim anticipatory bail to the petitioner is made absolute, subject to conditions laid down in Section 482(2) Bhartiya Nagarik Suraksha Sanhita, 2023.

5. All the pending miscellaneous applications, if any, stand disposed of.

(SHALINI SINGH NAGPAL)

JUDGE

03.12.2025

HS.CHAUHAN