Subhash Chand Kansal vs State of Haryana

Ram Chand Gupta, J.

Crl.M. No. 71208 of 2011

Application is allowed subject to all just exceptions.

Crl.M. No. M-39126 of 2011

The present petition filed u/s 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No. 512, dated 9.12.2011, under Sections 323, 406, 498-A, 506 IPC, registered at Police Station Ambala City, District Ambala.

I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order dated 20.12.2011 passed by learned Sessions Judge, Ambala, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed.

Briefly stated, marriage of complainant with son of petitioner had taken place on 4.11.2009, as per Hindu rites and ceremonies at Zirakpur, Punjab, and a sum of Rs. 25,00,000/- was spent in the marriage. Number of dowry articles were given by the parents of the complainant in the marriage which were entrusted to the present petitioner as well as to other co-accused. However, petitioner and other family members were not satisfied with the dowry. They were expecting a luxury car and demand was raised on the very first date when complainant visited house of her in-laws. Some other items were also demanded which were given by parents of complainant, however, demand of Rs. 4,00,000/- for purchasing a luxury car persisted. After few days of marriage, husband of complainant on the instigation of present petitioner and his wife started giving her beatings. On 17.1.2010, again there was demand of Rs. 5,00,000/- by husband of complainant on instigation of his parents for his settlement at Canada. However, when complainant had shown her inability, she was mercilessly beaten up by her husband, father-in-law, i.e., present petitioner and mother-in-law. She was dragged in a room and room was closed. She narrated this fact to her parents, who brought Rs. 2,00,000/- on 18.1.2010 and entrusted the same to her in-laws. However, just after some days, in-laws of the complainant again started demanding balance Rs. 3,00,000/- and started giving her beatings on petty matters. There are specific allegations that present petitioner-accused alongwith co-accused used to drag her from her hair and the husband used to give her beatings while in a drunken condition on the instigation of other family members. Husband of complainant went to Canada in the month of June 2010 when demand of the remaining amount of Rs. 3,00,000/- was also met by parents of the complainant. Even her entire salary used to be retained by her father-in-law and mother-in-law. Another specific allegation is that in the month of September 2010, when she was suffering from typhoid, instead of providing her treatment, she was sent to her parents for taking treatment and hence, she had taken treatment from Sanjivani Hospital, Ambala City, and none of the member from the family of her in-laws came to enquire about her health.

Further allegations are that in the last week of November 2010, husband of complainant returned to Panchkula and had again gone to Canada in the last week of December 2010 and during that period he raised demand of Rs. .10,00,000/- from the complainant for purchasing and starting a departmental store at Canada and when she showed her helplessness, mercilessly beatings were given to her. In the month of September 2011, husband of complainant raised threat that as demands have not been met, hence he has searched another life partner at Canada having assets of crore of rupees and threatened her to leave her matrimonial home. Hence, in order to save her matrimonial tie, complainant also visited Canada, after locking her room in the matrimonial home at Ist floor, where she was forced to be shifted by her in-laws. However, in Canada, her husband remained neglecting her as he was having relations with other ladies and he used to spend lot of money on them and he again raised demand of Rs. 10,00,000/- and hence, due to efforts of parents, she was returned to India on 28.11.2011 and when she visited the house of her in-laws, she found that lock of her room was broken and all the articles were taken away by the petitioner and her mother-in-law and the room was rented out to some tenant and she was turned out of her house by giving beatings by petitioner and his wife. Even thereafter parents of complainant tried to make reconciliation on 28.11.2011 but to no avail as humiliation by petitioner and other family members continued.

It has been contended by learned counsel for the petitioner that he is an old and ailing person and he has nothing to do with the matrimonial life of the complainant and her husband. Further contends that son of complainant is settled in Canada and despite efforts of petitioner he is not able to call him to India.

However, there are serious allegations against petitioner-accused. There are specific allegations of indulging in acts of physical violence to complainant, as detailed above. Son of petitioner, who is living in Canada has not returned to make efforts for reconciliation. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused.

Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner-Subhash Chand Kansal for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.