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IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH
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Date of Decision:- 22.05.2025
KASHMIR SINGH KASHMIR SINGH KASHMIR SINGH KASHMIR SINGH
....Petitioner
Vs.
STATE OF PUNJAB STATE OF PUNJAB STATE OF PUNJAB STATE OF PUNJAB
...Respondent
CORAM:
CORAM:
CORAM:
CORAM:---- HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:- Mr. Chanakya Batta, Advocate for petitioner.
Mr. Japjot Singh, AAG, Punjab.
*****
AMARJOT BHATTI, J. (Oral) AMARJOT BHATTI, J. (Oral) AMARJOT BHATTI, J. (Oral) AMARJOT BHATTI, J. (Oral)
1.
Petitioner has filed instant petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in FIR No.130 dated 18.12.2024, under Sections 80, 3 (5) of Bharatiya Nyaya Sanhita, 2023 registered at Police Station Hathur, Ludhiana (Annexure P-1).
2.
Facts of the case are, complainant ‘GK’ gave her statement that after the death of her husband she was residing in her parental village Mahil Kalan for the last 20-22 years. Her daughter Kamaljeet Kaur was married with Gurmail Singh @ Bittu about 2 years ago. Her daughter was having a son Avijot Singh. At the time of marriage, she had given dowry articles as per her status. After some time of marriage, her son-in-law Gurmail Singh @ Bittu and father-in-law Kashmir Singh started pressurizing her daughter to bring motorcycle from her parental house. At that time, her daughter was pregnant and panchayat was convened with a request not to raise this SANDEEP KUMAR 2025.05.26 12:13 I attest to the accuracy and integrity of this document
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demand as she was poor lady and was not in a position to fulfill their demand. Her daughter gave birth to a son but they insisted on their demand for motorcycle even after the birth of the child. On 17.12.2024 at about 12 o’clock she received call from his daughter that she was being harassed by her husband and father-in-law. She told her that she will come after one/two days. Thereafter, on the same day at about 9 pm she received call of her son- in-law that her daughter was breathing her last and she should reach there. She along with her son, panchayat members and other relatives reached the matrimonial home of her daughter where she was lying dead. Complainant suspected that his daughter has been killed by strangulating her on account of their demand for motorcycle. 3. Counsel for petitioner argued that allegations levelled against Kashmir Singh are false. He is father-in-law of the deceased victim who was living separately. Allegations are vague and without any basis. He is ready to join the investigation as and when required. 4. Anticipatory bail application is opposed by learned counsel for the State. As per status report, Gurmail Singh @ Bittu was arrested in the aforesaid FIR and challan is already presented. Present petitioner is avoiding his arrest. After his arrest, supplementary challan will be presented. There are serious allegations. Therefore, he is not entitled to the relief of anticipatory bail. 5. I have considered the arguments and have gone through the record carefully.
It is a case of unnatural death of the deceased victim Kamaljeet Kaur in the matrimonial home within 2 years of marriage. Complainant has levelled specific allegations against present petitioner as SANDEEP KUMAR 2025.05.26 12:13 I attest to the accuracy and integrity of this document
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well as husband of her daughter for causing harassment to the victim on account of their demand of dowry. Present petitioner is yet to join the investigation. Considering the facts and the gravity of offence, I do not find a fit case for grant of anticipatory bail and the same is accordingly declined. 6. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. 22.05.2025
(AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) snd
JUDGE JUDGE JUDGE JUDGE
Whether speaking/reasoned: Yes/No. Whether reportable:
Yes/No
SANDEEP KUMAR 2025.05.26 12:13 I attest to the accuracy and integrity of this document