High Court of Punjab and HaryanaCRA-S/1179/2024allowed

Akash Gupta v. State Of Haryana And Another

2024-05-21Ms. Justice Harpreet Kaur Jeewan4 pages

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; 2.

Learned counsel for the appellant inter alia contends that the appellant is the brother of Sonu Gupta with whom the complainant has solemnized the marriage on 07.03.2021 as per the photographs (Annexure A-3). After their marriage there was a matrimonial dispute inter se the brother of the appellant and the complainant as the complainant started smoking and drinking on regular basis. There used to be fights inter se the husband and wife regarding which the appellant has no role to play. Due to the said grudge, the present FIR has been registered. 3.

He further contends that the appellant belongs to a backward class, therefore provisions of the Act of 1989 are not applicable in the present case. The trial Court has dismissed the bail application merely on the ground of non-maintainability in view of the provisions of Section 18 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He further submits that the appellant is ready to join the investigation.

He also submits that the brother of the appellant-Sonu Gupta, and their mother Isharavati, have also filed appeals before this Court, which are bearing No. CRA-S-293-2024 and CRA-S-776-2024 in which while issuing notice of motion to respondent No. 2, interim protection was also granted by this Bench, vide orders dated 22.02.2024 and 26.02.2024, respectively (Annexures A-5 and A-6).

Reliance has been placed upon the latest judgments of Hon'ble the Supreme Court in Prathvi Raj Chauhan Vs. Union of India and others, reported as 2020(4) SCC 727, and Hitesh Verma vs. State of Uttarakhand reported as 2020 (4) RCR (Criminal) 868, to contend that in such like situation, the bar under Sections 18 and 18-A of the Act of 1989 would not apply.

Notice of motion.

Having received advance copy of the petition, Mr. Amrik Singh Narwal, D.A.G. Haryana, accepts notice on behalf or respondent No. 1 and seeks time to file reply.

Adjourned to 24.04.2024 for service of respondent No. 2. 9.

To be heard along with CRA-S-293-2024 and CRA-S-776- 2024. 10.

In the meanwhile, the appellant is directed to join investigation within ten days and in the event of arrest, she shall be released on interim

, bail, to the satisfaction of the arresting officer/Area Magistrate, subject to furnishing bonds/surety, and also subject to the following conditions:- (i) That the appellant shall further make herself available for interrogation by a police officer as and when required. (ii) That the appellant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

(iii) That the appellant shall not leave India without the prior permission of the Trial Court/CJM concerned.

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