THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.23153 of 2025 Date of Decision: 01.05.2025 Ajay Kumar ..... Petitioner Versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present: Mr. Vipin Mahajan, Advocate for the petitioner.

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RAJESH BHARDWAJ, J.

1. Present petition has been filed praying for the grant of anticipatory bail to the petitioner in case bearing FIR No.28, dated 05.04.2025, under Sections 108, 3(5) of BNS, 2023, registered at Police Station Purana Shalla, District Gurdaspur, Punjab.

2. Succinctly the facts of the case are that FIR in the present case was registered on the statement of complainant, namely, Tirath Ram. It was alleged that his son, namely, Bunty Kumar was married with Sonia about 11 years ago. They were blessed with two children. However there was a matrimonial discord between his son and daughter-in-law. For the reason, his daughter-in-law often used to live with her parents. It was alleged that his daughter-in-law was having illicit with Ajay Kumar (petitioner), son of Swatam Dass. He and his son time and again tried their level best to make Sonia understand not to indulge in such relation but she never agreed. About 08 days ago, his daughter-in-law after having a dispute with his son went back to her parents’ home. On 04.04.2025, he could not find his son and thus started searching him. When he went to his room, the same was found locked from inside. On calling him many times, he did not respond and thus, he broke open the window pane of the room. He found his son hanging by putting chunni around his neck in the room. They went inside the room, however, found that his son had already died. It was alleged that his son was harassed by his wife and Ajay Kumar (petitioner) and hence he had committed suicide. The request was made to take the legal action. On registration of the FIR, the investigation commenced. Apprehending his arrest, the petitioner approached the Court of learned Additional Sessions Judge, Gurdaspur praying for the grant of anticipatory bail. However after hearing both the sides, finding no merit in the same, the learned Additional Sessions Judge, Gurdaspur dismissed the petition filed by the petitioner vide his order dated 21.04.2025. Hence being aggrieved, the petitioner is before this Court by way of filing the present petition praying for the grant of anticipatory bail.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present case. He has submitted that the allegations made against the petitioner of having extra marital relations with the wife of deceased are without any basis. He has submitted that there is no suicide note found in the present case and thus, there are bald allegations made against the petitioner. He has submitted that no offence under Section 108 of BNS (306 of IPC) read with Section 45 of BNS (107 of IPC) is made out. He has submitted that merely because there are allegations of extra marital relations of petitioner with the wife of deceased, the essential ingredients of instigation are not made out against the petitioner. He has thus submitted that there being no prima facie case having been made out against the petitioner, he deserves to be granted anticipatory bail.

4. Notice of motion.

5. On asking of the Court, Mr. Tarun Aggarwal, Addl. A.G., Punjab appears and accepts notice on behalf of the respondent-State. He has vehemently opposed the submissions made by learned counsel for the petitioner. He has submitted that the allegations made against the petitioner are serious in nature. He has thus submitted that the investigation is at threshold and thus custodial interrogation of the petitioner is essential. He has submitted that no case for the grant of anticipatory bail to the petitioner is made out and thus the present petition being devoid of merit deserves to be dismissed.

6. Heard.

7. On hearing learned counsel for the parties and perusing the