BEFORE THE COURT OF LEARNED SESSIONS JUDGE,
JALANDHAR
In the case:
Dr. Ritu Salaria Sharma Daughter of Sampooran Singh Salaria
Resident of Punjab University Swami sarvanand Giri Regional
Centre, Bajwara, Hoshiarpur.
Applicant
Versus
1. State of Punjab
2. Dr. Neelam Sharma Wife of late Ishwar Chandra Sharma
resident of 1 Rurka kalan tehsil Goraya, District Jalandhar
3. Aman Sharma Son of Ajit Kumar resident of village rurka
kalan tehsil Goraya, district Jalandhar at present resident of
Prem Nagar, Khera road Phagwara, district kapurthala.
(Presently Inspector of Police, Punjab Police)
Respondents
Dated: Submitted by:
Ritu Salaria Sharma
Applicant
Through counsel
Tanheer Singh Bariana
BEFORE THE COURT OF LD. SESSIONS JUDGE,
JALANDHAR
B.A______OF 2025
RITU SALARIA SHARMA VERSUS STATE OF PUNJAB
First application under section 483(3) of
Bhartiya Nagrik Suraksha Sanhita (to be
referred as BNSS hereinafter) read with 482
of BNSS, requesting cancellation of bail,
granted to respondent no. 1 (Annexure P/2)
vide Order dated 31st December 2022 and
to respondent no. 2 (Annexure P/3) vide
order dated 29th December 2022 and
pursuant to Annexure P/2 and P/3, the final
orders dated 09.01.2023 passed by the
court of Sh. Tarn Taran Singh Bindra, then
Ld, Additional Sessions judge, Jalandhar
(Annexure P/4 And P/5), in the FIR No. 91
dated 3rd June 2022 registered under
section 323/ 498-A/ 509/ 341/ 342/ 417/
406/ 120- B of IPC at police station Goraya
district Jalandhar(Annexure P1).
RESPECTFULLY SHOWETH:
1. That the applicant is citizen of India and competent
to invoke jurisdiction of this honourable court. The
applicant having sordid story, being victim of the
high handedness at the hands of one of Aditya
Sharma, one of the accused and the FIR number 91
dated 3rd June 2020 registered under section 323/
498-A/ 509/ 341/ 342/ 417/ 406/ 120- B of IPC at
police station Goraya district Jalandhar. The copy of
the fir is attached here with and marked as
Annexure P/1.
2. That in order to decide the present application, it is
imperative that some facts must be enumerated in
the present petition so that this honourable court
may dispose the present application judiciously.
Therefore, succinct the facts first:
a. The applicant herein, having grimy history
of assault, brutal rape, mental, physical,
and social trauma is victim of tyranny at
the hands of
1. Aditya Sharma son Late Sri Ishwar
Chander Sharma, IPS ADGP (retd)
presently sub inspector of police in Punjab
police, (to be referred as A1)
2. Neelam Sharma, wife of late Sri
Ishwar Chandra Sharma, IPS ADGP (retd)
(to be referred as A2)
3. Aman Sharma, nephew of Ishwar
Chandra Sharma IPS (to be referred as
A3) (all three are accused in above
mentioned FIR Annexure P/1).
b. The applicant is assistant professor at
Swami Sarvanand Giri, Punjab University
regional Centre Bajwara, Hoshiarpur.
c. The accused Aditya Sharma, who was a
student at Swami Sarvanand Giri, Punjab
University regional Centre, Bajwara
Hoshiarpur, where the applicant and the
accused A1 had developed proximity.
d. After the initial threshold, relation
between A1 and the applicant had
deteriorated due to the assaulting issue
developed by A1. Thereafter, the
Applicant was subjected to brutal assault
and torture at the hands of the A1. It is
apt to mention accused A1 had developed
relationship with applicant just to pass his
supplementary examination in his LLB
Course. It is more significant to mention
here that, after making physical contact
with the applicant, Accused A1 started to
blackmail, abuse, assault and intimidate
the applicant. This above narrated sordid
saga is part and parcel of the
investigation conducted in FIR No
144/2019 registered at police station
sadar Hoshiarpur and Moreover it is part
and parcel of the investigation in instant
case.
e. The relationship between A1 and the
applicant was so tormented that the
applicant had no possibility but to end the
relationship. However, during unfortunate
days of September, 2019, the applicant
was brutally assaulted, tortured, and was
raped by the accused A1 at her residence,
and after that again accused A1 had
barged into her house along with one
Naresh Kumar Dogra, AIG Punjab police
with the intention of destroying the
evidence and intimidating the applicant in
order to stop herself for complaining the
act done by the accused A1.
f. On September 11, 2019, FIR no. 144
dated 20.09.2019 was registered under
section 354A, 323, 509, 427 of Indian
penal code, at police station Sadar
Hoshiarpur. The copy of FIR referred
above is Annexure P/6. It is significant to
mention here that the applicant then
approached honourable High Court of
Punjab and Haryana and Chandigarh vide
CRM -M-41145 of 2019. The above-
mentioned petition was disposed off by
the honourable High Court, directing
senior superintendent of police
Hoshiarpur to investigate the matter
thereafter, it is apt to mention here that
section 376 C IPC was subsequently
added on 20.10.2019, and then section
376 of Indian penal code was added on
25.10.2019. The copy of order dated
September 30, 2019 in CRM-M-41145-
2019, is appended here with as
Annexure P/7.
g. There after, accused A1, approached Ld.
Special Court at Hoshiarpur for the
concession of anticipatory bail, however,
the same was dismissed. Subsequently,
the accused A-1 approached Hon’ble
Punjab and Haryana High Court via CRM-
M-50109 of 2019 to seek anticipatory bail.
The Hon’ble high court of Punjab and
Haryana, vide order dated 26.11.2019,
granted the interim bail to the accused
A1.
h. Then on 04.02.2020 with the intervention
as well as the continuous mounted
pressure of the respectables and family
members, the applicant and accused A1
tied knots according to Vedic Arya
customs at Arya Samaj Mandir Jalandhar.
It is further submitted that on 18.02.2020
above mentioned CRM. -M (anticipatory
bail) was made absolute on the basis of
marriage. The copy of order dated
26.11.2019 is attached herewith as
Annexure P/8(A). And Final Order Dated
18.02.2020 is Annexure P/8(B).
i. Registration of instant case: on
03.06.2020 FIR number 91 of 2020 was
registered against accused A1, under
sections 498A, 323, 509, 406IPC a police
station, Goraya, district Jalandhar.
j. Thereafter, Neelam Sharma accused A2
filed, criminal writ petition bearing no.
CRWP 10705-2020, in the nature of
mandamus, the acting respondent no. 2
therein, Director, general of police to
protect the life and the liberty of Accused
A2, And her family, and not to harass
them at the instance of the present
applicant in the above caption, FIR. It is
worthwhile mentioning that vide
judgement dated 09.02.2022, the Hon’ble
High Court of Punjab and Haryana, with
the consent of both parties had appointed
Mrs Nilambari Vijay Jagdale, IPS to
investigate the instant case and with this
observation, the above above referred
criminal writ petition was disposed off.
The copy of judgement dated 09.02.2022
is appended herewith as Annexure P/9.
k. During the course of investigation of
instant case, a bail application was filed
by accused A1 before this Hon’ble court,
An unfortunate incident took place at
district Court Jalandhar, wherein the
applicant in this instant case, was
present in the premises of district Court
Jalandhar in the chambers of advocate Sri
Ravneet singh Sarna, where accused A1
had forcefully entered the chamber of
advocate Sri Sarna, and had brutally
assaulted and traumatised applicant,
which led to the registration of another
FIR bearing no. 141 dated 27.10.2021,
registered under sections 195A, 323, 341,
354, 447, 448, 451A IPC at police station,
Navi , Commissionerate of police,
Jalandhar. The copy of above referred FIR
is appended herewith as Annexure P/10.
l. It is apt to mention here that accused A1
in instant case, had initially approach this
Hon’ble court for the concession of
anticipatory bail. However, the same was
dismissed. The copy of Order dismissing
the bail application of accused A1 is
appended herewith as Annexure
P/11.Subsequently, accused A1 had
approached honourable High Court of
Punjab and Haryana vide CRM-M 25442,
so A1 was given interim protection, vide
order dated 01.09.2020. however, the
above referred CRM-M-25442-2020 is
pending before Hon’ble High Court. The
copy of order dated 01.09.2020 is
attached herewith as Annexure P/12.
m. After the completion of investigation, in
the instant case by AIG Nilambri, Vijay
Jagdale, IPS, vide DDR number 26 dated
28.12.2022 was registered and accused
A2 and A3 were arrayed as an accused.
moreover, sections 341, 342, 417, 120 B
of IPC were added subsequently.
n. It is relevant to mention here accused A2
and A3 approached this Hon’ble Court for
the concession of anticipatory bail. And
this Hon’ble Court granted A2 and A3
concession of anticipatory bail Vide
Impugned order appended herewith as
Annexure P/2 and P/3 respectively.
Thereafter, the interim Bail provided by
the virtue of Annexure.P/2 and Annexure
P/3 was made Absolute vide order dated
09.01.2023. The copies of referred orders
are appended herewith as Annexure P/4
and P/5 respectively.
o. It is pertinent to mention here that one
Balram sharma, who is prosecution
witness at serial number 5, who is
family friend with accused, was
constrained to file CRM-M 29663-2022
before the Hon’ble High Court of Punjab
and Haryana praying for protection of life
and liberty at the hands of Accused A1
and Accused A2 herein (respondent no 6
and Respondent no 7 therein), after being
reported to assault after being called at
home at the instance of accused A1 and
A2 on 10.11.2022. Moreover, Balram
Sharma coupled his prayer in said CRM-M
that he was threatened and assault by
Accused A1 and A2. The copy of paper
Book is appended herewith as Annexure
P/13.
p. And the same petition was disposed of
while directing said Balram Sharma to
make representation for the grievance
redressal to Mrs. Nilambari Vijay Jagdale,
IPS then AIG Cyber Crimes (respondent No
3 therein) Investigation Officer in instant
case. The copy of order dated 22.07.2022
is annexed herewith as Annexure P/14.
q. Thereafter, Balram sharma made
detailed representation to DGP Punjab
qua the allegations stated in above
referred petition before the Hon’ble High
Court. the copy of the representation
along with Medical is attached here with
as Annexure P/15.
r. It is further submitted that Balram sharma
after being neglected by Punjab police
officials was constrained to file contempt
petition before the honourable High Court
of Haryana vide COCP-2887-2022 in CRM-
M-29663(annexure P/15). The paperbook
of COCP-2887-2022 is attached herewith
as Annexure P/16.
s. Thereafter, in above referred COCP, the
investigating officer in the instant case
had filed her affidavit stating that Balram
sharma was assaulted and intimidated by
accused A1 and A3. The copy of affidavit
is attached here with as Annexure P/17.
Thereafter, above-mentioned COCP-2887-
2022 was disposed off vide order dated
11.09.2022, citing that an adequate
security has been provided to Balram
Sharma, meaning thereby, it is the case
where witness was assaulted and
intimidated and no action till date has
been taken against the real culprits. The
Copy of order Dated 11.09.2022 is
Attached herewith as Annexure P/18.
t. In this regard statement of Balram
Sharma was also recorded u/s 161 CrPc
by IO in instant Case. The Statement U/s
161 is Appended herewith as Annexure
P/19.
u. It is apposite to mention here that, on
12.04.2023, witness, Balram sharma had
again approached the office of SSP
Jalandhar rural assailing threat to life and
liberty and ransom call received at the
hands of accused A1 and A2. Along with
screenshot of threat, call data, screenshot
of chats. The representation is attached
here with as Annexure P/20. Thereafter,
Balram sharma fell seriously ill, he was
undergone MRI brain, after the MRI was
conducted, the opinion was formed that
Balram sharma is acute to sub acute left
Thalamic infarct. And diffuse cerebral
atrophy. The copy of MRI report is
attached here with as annexure P/21.
v. It is further submitted that prosecution
witness, Balram sharma again was
constrained to file criminal writ petition
before the honourable High Court of
Punjab and Haryana vide CRWP-5365-
2023, where in he claimed that he’s been
receiving threat and ransom calls from
the number mentioned in the petition
itself at the hands of accused A1 and A2.
It is further submitted that the above
referred criminal writ petition was
disposed of upon the instructions
provided by the state of Punjab where in it
was mentioned that the prosecution
witness, namely Balram sharma has been
provided an adequate security protection.
It is now relevant to mention here that the
prosecution witness Balram Sharma
started receiving Only after he has been
named as important witness in the instant
case, meaning, thereby the accused have
not only violated the condition under
section 438(2) of code of criminal
procedure, but also have committed
another cognizable offence. The paper
book of criminal writ petition and the final
order dated 01.06.2023 are appended
here with as Annexure P/22 and
Annexure P/23.
w.It is further relevant to mention here that
investigation team headed by then AIG
Nilambre Vijay Jagdale, IPS had completed
the investigation. thereafter, on 01.
07.2023 police report under section 173
of criminal procedure code was presented
before the court of Shri Gurmehtab Singh
Ld. Judicial Magistrate 1st Class at Phillaur.
The Hon’ble After taking the cognizance
of the offence committed by the accused,
the court had issued notice to the
accused for their appearance. The Copy of
order dated 01.07.2023 is Annexure
P/24.
x. It is further submitted from the perusal of
Zimni orders, Annexure P/25 (colly), A2
and A3 remained absent on various
occasions.
y. It is further submitted that the
proclamation proceedings qua Accused A3
had already been initiated by the Ld. Trail
Court. Whereas he appeared before Ld.
Trial court.
z. Presently, the case is fixed at the stage of
consideration of charge.
3. That in the light of above-mentioned averments, the
impugned order Annexure P/2, P/3, P/4 And P/5 needs
to be vacated on the following Grounds:
a) BECAUSE accused A2 and A3 has wilfully
transgressed the conditions envisaged
under section 438(2) Of Code of Criminal
Procedure.
b) BECAUSE A2 AND A3 have failed to appear
on every hearing/date before Ld. Trail Court.
c) BECAUSE A1 and A2 have tried to indirectly
induce/threat persons, acquainted with the
case but accused A1 To A3. By the virtue of
aforementioned facts and circumstances,
Threat and intimidation at the hands of A1
to A3, have violated the conditions
envisaged u/s 438(2) Cr.P.C as they have
directly and indirectly tried to influence the
course of justice.
d) BECAUSE Accused A3 Namely Insp. Aman
Sharma is police officer, posted as Traffic
Incharge Phagwara, qua him proclamation
proceeding were already issued whereas he
appeared before the Ld. Trial Court.
e) BECAUSE it is very likelihood that accused
being influential people, there is grave
apprehension that the life and liberty might
be compromised at the hands of the All of
the Accused.
f) BECAUSE being All the accused being
influential, they may tamper with Evidence
and there is every likelihood that they may
also influence potential witnesses citied by
the prosecution before Ld. Trail Court.
4. That in view of the above-mentioned facts and
Circumstances, the concession of Anticipatory Bail
Granted to Accused A2 and A3 be set aside and
quashed.
5. That no such or Similar application is pending before
Either before this Hon’ble Court or before Hon’ble
Court High Court.
It is, Therefore prayed that Anticipatory
bail Granted to respondent no. 2 (Accused
A2) (Annexure P/2) vide Order dated 31st
December 2022 and respondent no. 3
(Accused A3) (Annexure P/3) vide order
dated 29th December 2022 and pursuant
to Annexure P/2 and P/3, the final orders
dated 09.01.2023 passed by the court of
Sh. Tarn Taran Singh Bindra, then
Additional Sessions judge, Jalandhar
(Annexure P/4 And P/5), in the FIR No. 91
dated 3rd June 2022 registered under
section 323/ 498-A/ 509/ 341/ 342/ 417/
406/ 120- B of IPC at police station Goraya
district Jalandhar(Annexure P1) in interest
of justice, Equity and fair play.
Dated: Submitted
By
Place: Jalandhar Ritu Salaria
Through Counsel
Tanheer Singh Bariana
Advocate
