DSP who ‘opened fire’ at wife denied anticipatory bail by HC

On January 28, the court had granted interim protection to the DSP, acting on his plea alleging frame-up by the local police

The Punjab and Haryana high court on Friday dismissed the anticipatory bail plea of deputy superintendent of police (DSP) Atul Soni, who is accused of firing at his wife at their house in Sector 68, Mohali, on January 18.

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While dismissing the plea, the bench of justice Jaishree Thakur observed that his custodial interrogation was required in view of recovery of illegal weapon from his house, as its source was yet to be unearthed.

On January 28, the court had granted interim protection to the DSP, acting on his plea alleging frame-up by the local police. Soni is posted with the 13th Battalion of Punjab Armed Police in Chandigarh.

He was booked by Mohali police on the complaint of his wife, Sunita Soni, a former national-level handball player, under Sections 307 (attempt to murder), 323 (voluntarily causing hurt) and 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code (IPC), besides the Arms Act, at the Phase 8 police station in Mohali.

The Punjab DGP had recommended his suspension in view of these allegations.

However, Sunita had subsequently retracted from her statement.

Soni had told the court that no allegations regarding firing were made by his wife, and she had already given an affidavit about this. He had also alleged that the FIR was a “coloured version” by the police.

The police had told the court that they had acted on a handwritten complaint by Sunita, which bore her and her daughter’s mobile number. The allegations in the complaint were that she was being regularly tortured physically, emotionally and mentally by Soni. On January 18, he had harshly pushed her at Satva lounge in Sector 26, Chandigarh, following which they had returned home in separate vehicles. On reaching home, they again started arguing, and in a fit of rage, Soni shot at her with his pistol, but the bullet went over her head.

The court observed that anticipatory bail cannot be granted as it was an extraordinary privilege, which can be granted only in exceptional cases. Even though the wife has given affidavit denying the complaint, the CCTV footage of restaurant revealed that the reported shove was not a gentle push. The court also took note of the fact that recovery of unlicensed countrymade pistol had been made, along with empty cartridge and pellet from the house of the DSP.