Baljit Singh vs State of Punjab and another

This is the first petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 438 of Cr.P.C.) for grant of pre-arrest bail to the petitioner in case FIR No.100 dated 09.06.2026 under Sections 316(2) and 85 of the Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 406 and 498-A of IPC), registered at Police Station Rahon, District SBS Nagar.

As per the facts of the FIR, the complainant fell in love with accused No.1. Thereafter, accused No.1 developed physical relations with the complainant and misused her, while assuring her that he would obtain the consent of his parents for their marriage and thereafter, they would lead a matrimonial life together. Accused No.1 continued to assure the complainant of the matrimonial bond and also used to have telephonic conversations with her on a daily basis. However, thereafter, the engagement ceremony of accused No.1 was performed with another girl. Upon coming to know of the same, the complainant moved an application before the police. During the investigation, the entire evidence was brought to the notice of the Inquiry Officer and the matter was considered in the presence of the complainant as well as respectable persons of both sides. Thereafter, a compromise was effected, as per which the accused party agreed that accused No.1 would tie the matrimonial knot with the complainant as per Sikh religious rites and ceremonies on 07.02.2026. However, the marriage was actually performed on 14.02.2026 as per the religious rites and ceremonies. All the dowry articles and istridhan were given by the parents of the complainant as per their social status. It is further alleged that accused Nos.1 and 2, in connivance with each other and with a view to escaping prosecution for the alleged sexual offence/rape, entered into the aforesaid compromise, knowing fully well that after a few days they would subject the complainant to such mental and physical cruelty that she would be compelled to leave the matrimonial home. Pursuant to the said alleged conspiracy, accused No.1 took the complainant to Ludhiana city and made her reside in a rented accommodation, which, according to the complainant, was shabby and unsuitable for residence.

It is alleged that accused No.1 thereafter physically abused the complainant and threatened her, questioning how she could dare to make a complaint against him and his family. He allegedly told her that she would be taught a lesson for disrupting his marriage with the girl with whom he had earlier been engaged. On 16.02.2026, the complainant was again allegedly beaten and abused and was threatened not to disclose the incident to anyone. Thereafter, on 18.02.2026, accused No.1, while under the influence of liquor, allegedly badly abused and kicked the complainant.

On 25.02.2026, on the false pretext that the complainant should visit her parental house and that accused No.1 would visit her on the following Saturday, she was sent to village Kang through a cab. When the complainant did not receive any response from accused No.1 on Saturday, she returned to Ludhiana, where she allegedly found that the rented accommodation had been vacated and all her articles were missing. According to the complainant, the said articles had been taken away by accused No.1.

The complainant was thereafter left with no other option and visited Central Jail, Ludhiana, where she met the AIG. It is alleged that instead of giving her a patient hearing, the AIG started forcing her to obtain a divorce and informed her that the motive of accused No.1 was merely to save himself from criminal prosecution for rape. According to the complainant, the aforesaid conduct caused her severe mental cruelty. She further alleged that she made several attempts to contact accused Nos.1 and 2, but they refused to respond to her. After the inquiry conducted by DSP-D, SBS Nagar, and approved by the SSP, SBS Nagar, Baljit Singh son of Gurbachan Singh and Gurbachan Singh son of Gurdas Singh were found to be involved in the commission of the alleged offences. Accordingly, the present case was registered against them under Sections 316(2) and 85 of the Bharatiya Nyaya Sanhita, 2023, corresponding to Sections 406 and 498-A IPC.

Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. It is submitted that the FIR has been lodged after a delay of about 10 days from the date of marriage. In fact, there was only a minor tussle between the parties, as the complainant used to talk to some other person on Instagram. Being her husband, the petitioner scolded her on this account, which offended the complainant and led her to lodge the present FIR. It is, thus, contended that the allegations levelled against the petitioner are exaggerated and the petitioner has been falsely implicated in the present case.

Notice of motion.

Learned State counsel accepts notice and opposes the present bail petition.

Mr. Gurinder Singh Gill, Advocate, has also appeared on behalf of respondent No.2 and filed power of attorney, which is taken on the record.

Learned State counsel, assisted by learned counsel for respondent No.2, opposes the present bail petition and submits that, in fact, the marriage was performed by the petitioner with an ulterior motive of escaping the allegations of rape levelled against him by the complainant. It is submitted that prior to the marriage, the complainant had moved a complaint against the petitioner alleging that he had established physical relations with her on the promise of marriage but had subsequently refused to marry her. Under the pretext of marriage, the petitioner had allegedly established physical relations with the complainant. When the complaint was moved, a compromise was effected between the parties, pursuant to which the petitioner agreed to marry the complainant, and accordingly, the marriage was performed.

It is further submitted that within about 10 days of the marriage, the complainant was subjected to severe physical as well as mental cruelty, leaving her with no other option but to leave the matrimonial home. It is submitted that even the complainant was sent to her parental house in a cab on the false pretext that the petitioner would come and take her back, but the petitioner never came to take her along. It is argued that the allegation regarding the complainant having an affair with some other boy is clearly an afterthought and has been raised only to justify the conduct of the petitioner. Merely because the complainant was friends with or was communicating with some person on Instagram cannot be made a ground to cast aspersions upon her character.

Learned counsel for respondent No.2 further submits that the allegations against the petitioner are serious in nature and disclose a course of conduct whereby, after inducing the complainant to enter into marriage pursuant to the compromise, the petitioner subjected her to physical and mental cruelty within a very short period. It is further alleged that the petitioner has retained the istridhan and other articles of the complainant in his possession.

I have heard learned counsel for the petitioner as well as learned State counsel, assisted by learned counsel for respondent No.2, and have gone through the record carefully.

The allegations against the petitioner are serious in nature. As per the case of the prosecution, the petitioner had earlier established physical relations with the complainant on the assurance of marriage and, when the complainant approached the authorities, a compromise was effected pursuant to which the petitioner agreed to marry her. The marriage was thereafter performed. However, within a period of about 10 days of the marriage, the complainant allegedly suffered physical as well as mental cruelty at the hands of the petitioner and was ultimately sent away to her parental home in a cab on the representation that the petitioner would subsequently come and take her back. The petitioner, however, allegedly did not return to take her back.

The allegations are not confined merely to a matrimonial dispute or a solitary incident between the parties. The complainant has levelled specific allegations of physical abuse, threats and mental cruelty against the petitioner. There are also allegations that the petitioner removed and retained the belongings, dowry articles and istridhan of the complainant from the rented accommodation. The sequence of events, particularly the alleged establishment of physical relations on the promise of marriage, the subsequent compromise, performance of marriage and the alleged acts of cruelty within a short span thereafter, prima-facie require investigation.

At this stage, the allegation that the complainant was communicating with some other person on Instagram cannot, by itself, furnish any justification for the alleged acts of physical or mental cruelty. Such an allegation also cannot be used to cast aspersions upon the character of the complainant. The defence sought to be raised by the petitioner raises questions which are matters of evidence and cannot be conclusively determined at the stage of consideration of anticipatory bail.

Considering the nature and gravity of the allegations, the manner in which the petitioner is alleged to have dealt with the complainant after the marriage, the allegations regarding physical and mental cruelty, and the allegation regarding retention of the complainant's stridhan and other articles, this Court is not inclined to extend the concession of anticipatory bail to the petitioner.

Accordingly, the present anticipatory bail application is dismissed.

However, nothing observed herein shall be construed as an expression on the merits of the case.

Pending applications, if any, also stand disposed of.