Harminder Singh Alias Lucky v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Reserved on:- 08.7.2025

Date of Decision: 11.7.2025 Harminder Singh @ Lucky ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Argued by: Mr. J.S.Thind, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

Mr. Prabhjot Singh, Advocate for the complainant. **** KIRTI SINGH , J.

CRM-21997-2025 The application is allowed as prayed for. Annexures C-1 to C-8 are taken on record.

CRM-M-12859-2025 1.

The jurisdiction of this Court under Section 483 BNSS has been invoked for grant of regular bail to the petitioner in case FIR No. 50 dated 4.10.2022 under Sections 498-A, 406, 201 IPC and under Section 67 of IT Act, 2000, registered at Police Station Women, District Amritsar. 2.

The contents of the FIR (supra) are reproduced hereinfter:- "It is stated that the complaint No. UID No. 2359494 dated 03.06.2022 received from xxx (name withheld) w/o Harminder Singh D/o Prem Kumar resident of House No.4029, Opposite Anandpur Kutia, Gurbax Nagar, Amritsar received through post in the police station which is as, "To the Hon'ble Police Commissioner, Amritsar. Subject: Complaint against (1)Harminder Singh husband son of Nand Kishore. (2). Kishan Kaur mother in

-2law wife of Nand Kishore, both are residents of 197/4, Sutheri Road, Sant Nagar, Hoshiarpur, for harassment, cheating and for posting viral videos on the internet Sir, it is requested that my name is xxxx(name withheld) D/o Prem Kumar resident of House No.4029, Opposite Anandpur Kutia, Gurbax Nagar, Amritsar. I am law abiding women. My marriage was performed with Harminder Singh on 20.04.2020 as per Hindu Rites. After marriage I stayed with my husband at Hoshiarpur. My husband Harminder Singh approached me for marriage through internet. We inquired about them at Hoshiarpur but due to COVID period we did not verified it properly. My parents performed my marriage with Harminder Singh. As I was already divorcee and my parents gave jewellery and dowry articles as per their capacity.

At the time of marriage my father gave to the accused and his mother one gold set of 4 tolas, 4 bangles of 6 tolas, one nose pin 1-1/2 tola, one Mang Ticka weighing 2 Tolas, one ring 2 grams. Apart from that some house old articles, clothes and other articles were given to the accused persons. While giving those articles my parents told to the accused persons that these are dowry articles and it is for the use of my daughter. The said articles are in the possession of accused persons. Soon after the marriage the behaviour of the accused persons was changed towards me and they use to harass on the pretext of less dowry. They time and again repeat that your parents did not give us dowry as per our status. For that reasons we feel insulted among our community. The accused No.1 use to taunt me on the provocation of accused No.

2 and mentally and physically harassed me. He demanded Rs. 10 lacs, otherwise, they will harass me. Time and again accused no.1 harass me. His sister is in Canada and I want to go Canada. For that Rs. 10 lacs are required and you bring this amount from their parents. On the demand of dowry, number of times accused no.1 and 2 gave me beatings. It is pertinent to mention here that accused no.1 is alcoholic and gave beating to me after consuming alcohol. I used to tolerate all this because this is my second marriage and I hope that they will soon become alright and my sorrows will come to an end. It is further pertinent to mention here that before marriage accused No.1 told me that he is chartered account but actually he is just 12th pass and he is already married thrice. He used to spoil the life of the girls.

-3I came to know from my neighborhood that he is a man of bad character. He used to compel the girls to enter into immoral business and enjoy their money. When I inquired myself then I came to know that on the ground floor of their house there are some boys and girls are living. He told me that those are their friends and leave the house after 3-4 hours. When I inquired about accused, then they stop me to say anything and badly gave me the beatings. They closed me in a room and not given anything to eat. One day when I got the mobile phone of the accused, then I came to know that on the nude photograph of a women on internet he put my mobile No. 6239536530 and posted. When I inquired about the same he gave me beatings and give some substance by which I became unconscious.

They make my obscene videos and showed it to me and started blackmailing me. They used to tell, if you will not agreed for immoral business then I will upload the video on the internet. t. Despite this fact I never said know to them, then I put my mobile number on the photograph of nude lady. After that I received number of calls. I got mentally upset. When I inquired from the internet that from where they got my number then I came to know that my husband make IDs by the name of L.RAMGARHIA and another ID L.KAUR and Another ID MANPREET KAUR and accused No.1 on the L.RAMGARHIA ID posted my number on messenger app alongwith indecent photo. I have a screen shot of the same. I have attached the copy of the same. He posted my number on the Google PORN SITE and the same is attached.

He also created another ID by the name of SAMSAM SINGH or Google PORN SITE upladed and shared it on whatsapp group. From this thing we came to know that how much they harass me. I have recorded one call in which he is talking about my indulgence indecent activities. It is also to be mentioned that he is operating from three IDs on the facebook (1) SAFFY CANADA (2) L. KAUR RAMGARHIA and (3)H.S. BHARAJ RAMGARHIA. He again posted an advertisement for marriage on the facebook. So that he can spoil the life of other girls. On 11.03.2021 some unidentified persons came to my house and forcibly brought me to the room at ground floor for illegal activities. Accused No.1 and 2 told me that we have received a huge amount for that I raised my voice and pushed them to save my life and come outside from room.

-4throw me out of the house and told me if you are not indulge in such activities then you are supposed to bring Rs.10 lacs from your parents.. I refused for that and went to my parental house, Amritsar. They have misappropriated my dowry articles. All the accused cheated me on the pretext of greed for dowry and harass me physically and mentally. Both the accused in connivance with each other posted my mobile no. on the PORN site. For that reason I got insulted. Both the accused are indulging immoral activities. It is therefore, requested that action be taken against the abovestated accused persons for their indulgence in immoral activities and for cheating me and compelled me to indulge in it and for pasting my mobile number on the photographs of indecent ladies and for destroying my reputation, and for harassing me physically and mentally and for demanding dowry and for thrown me out of house. Legal Action shall be taken against them so that I got justice. So that life of any other girl may not be spoiled. I shall be thankful to you. "

3.

Learned counsel for the petitioner has inter alia submitted that the petitioner has been falsely implicated in the present case and the allegations levelled in the instant FIR, are vague and omnibus. Furthermore, there is no MLR of the complainant to support her allegations with regard to beatings being given to her by the petitioner. It has also been argued that since no recovery has been effected from the petitioner, therefore the offence under Section 406 IPC is not made out. Moreover, the complainant without informing the petitioner had left the matrimonial home and never returned back. It has further been contended that the complainant herself took the mobile phone of the petitioner and misused it to falsely implicate him in the present case, therefore, the allegations regarding uploading of objectionable photographs of the complainant along with her mobile number are totally false. Learned counsel further submits that the petitioner has been in custody for the last 05 months and 08 days.

-54.

Learned counsel for the complainant has vehemently opposed the instant petition and submitted that the petitioner subjected the complainant to cruelty for the demand of dowry, and even uploaded her objectionable photographs and her mobile number on social media platforms and on some adult websites, due to which she was constantly approached by different individuals, causing her unparalleled harassment. Due to these immoral and illegal acts of the petitioner, some unidentified persons entered the house of the complainant on 11.3.2021 and assaulted her. It was then found out by the complainant that the accused persons had taken a huge sum of money from those people. It is submitted that the petitioner is a habitual offender and has been involved in inappropriate relationships with multiple women.

It is further argued that the petitioner has developed a pattern of engaging in relationships with different women only to exploit them and subsequently abandon them. In support of his submissions, the learned counsel has placed reliance on Annexures C-1 to C-8. It is the further submission of the learned counsel that the petitioner had earlier approached this Court by way of CRM-M-49703-2024 seeking the concession of anticipatory bail, which was dismissed on 22.1.2025, on the ground of prima facie serious allegations levelled against the petitioner. The learned State counsel in the said petition had stated that a report received from Meta Platforms had confirmed that the account of the petitioner which had been used for the commission of the alleged offence was linked to the petitioner's mobile number.

Call detail records and forensic analysis of the petitioner's mobile phone also support the case of the prosecution. 5.

Learned State counsel has also vehemently opposed the instant petition on the grounds of grave and serious allegations levelled against the petitioner. While placing reliance upon reply filed by the Assistant

-6Commissioner of Police (Crime Against Women), Amritsar City, she submits that during investigation, it has come on record that the petitioner was indeed in relationship with different women. The statements of various independent witnesses annexed as Annexures R-1/T to R-3/T corroborate this fact. A common statement issued by the residents of New Adarsh Colony, Mundian Kalan, Police Station Jamalpur, District Ludhiana was to the effect that the attitude of the petitioner towards other locality members was inappropriate. Even the residents of Sant Nagar, Hoshiarpur in their joint statement mentioned that the petitioner used to solemnize marriage with different girls and thereafter used to turn them out of his house by harassing and beating them.

The petitioner also purportedly had a relationship with one Baljit Kaur, who had filed various complaints against him on the allegations that he had established physical relations with her on the false pretext of marriage and duped her of Rs. 3.00 lacs, but the same were consigned to the record room since the same could not be proved due to the lapse of a long duration of time after which the complaints were filed. It is further submitted that the said Baljit Kaur had also filed civil suit CS/1682/2023 for permanent injunction in the court of learned Civil Judge Junior Division, Jalandhar against the petitioner for restraining him from posting/publishing/sharing her photographs, which were in his possession.

Similarly, a suit for damages had been filed by one Sharanjit Singh, neighbour of the petitioner, whose pictures the petitioner had edited and posted on social media.

7.

Further, the learned State counsel has submitted that as per custody certificate, the petitioner has undergone an actual custody of 05 months and 08 days. She on instructions from the investigating officer concerned submits that the charges have been framed on 7.3.2025 and out of

-7total 18 prosecution witnesses, 04 have been examined. She submits that in view of the serious allegations against the petitioner, he is not entitled to the concession of regular bail.

8.

Heard the rival submissions made by learned counsel for the parties.

9.

In the instant case, prima facie specific and serious allegations qua uploading the obscene photographs of the complainant on social media sites and also her mobile number on objectionable platforms have been levelled against the petitioner, besides the allegations of harassment and dowry misappropriation. The veracity of the allegations and the grounds raised herein by the petitioner qua the factual aspects, which will be ascertained during the course of trial. Further, the trial is also proceeding at a considerable pace since charges in the instant case were framed on 7.3.2025, and out of 18 prosecution witnesses 04 already stand examined. Under such circumstances, this Court does not deem it appropriate to grant the petitioner the concession of regular bail.

10.

Accordingly, the instant petition is dismissed. 11.

However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial Court would proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail petition. 12.

Pending miscellaneous application(s), if any, also stands disposed of.

(KIRTI SINGH) JUDGE July 11th, 2025 Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No