IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of decision: 12.10.2017
State of Haryana and another
CORAM: HON’BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. Anurag Jain, Advocate,
for the petitioner.
Ms. Gaganpreet Kaur, AAG, Haryana.
Mr. Rajesh Hooda, Advocate,
for respondent No.2.
JAISHREE THAKUR, J. (ORAL)
This is a petition that has been filed for grant of anticipatory
bail to the petitioner in case FIR No.21 dated 08.01.2016 under Sections
406, 498A, 506 IPC (offences under Sections 313, 34, 377 IPC were
deleted), registered at Police Station City Rohtak, District Rohtak.
This Court was pleased to pass the following order on
“Learned counsel for the petitioner submits that the dispute
arose between the parties is due to temperamental in nature.
Earlier also, a complaint was made by the complainant but the
allegations levelled therein were found to be false. Learned
counsel further submits that earlier the present FIR was registered
under Sections 313, 377 read with Section 34 IPC but the same
were deleted subsequently. In the initial complaint, the allegations
levelled against the petitioner were that he was having relations
with some other woman. Subsequently, the complaint was made by
alleging certain allegations of demand of dowry and harassment
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and all the family members of the petitioner have been implicated.
The petitioner made all efforts to settle the dispute but still it could
not be settled. The petitioner has also filed a divorce petition much
prior to the lodging of the present FIR, which is still pending. The
petitioner is still ready to settle the dispute with the complainant.
On oral request of learned counsel for the petitioner,
complainant-Anita D/o Sh. Rajpal resident of House No.1290/1,
Shastri Nagar, Hisar Bye Pass, Rohtak is impleaded as respondent
Notice of motion for 09.09.2016.
Meanwhile, the petitioner is directed to join investigation
and in the event of arrest, he shall be released on interim bail to
the satisfaction of the Investigating Officer subject to deposit of an
amount of ` 35,000/- as litigation expenses by way of draft in the
name of the complainant with the investigating Officer, which shall
be handed over to the complainant. He shall join the investigation
as and when required by the Investigating Officer. He shall also
comply with the conditions as envisaged under Section 438(2) of
the Code of Criminal Procedure, which are as under:-
(i) that the petitioner shall make himself available for
interrogation before investigating officer as and when
(ii) that the petitioner 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 petitioner shall not leave India without the prior
permission of the Court. Parties are directed to be present
in the Court on the next date of hearing.
The parties are directed to be present in the Court
on the next date of hearing.”
Learned counsel for the petitioner ssubmits that the petitioner
has joined the investigation.
Learned counsel for the respondent-State confirms the
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Since the petitioner has joined the investigation, the petition is
allowed and interim order dated 03.06.2016 is hereby made absolute subject
to the condition that the petitioner will not tamper with evidence or hamper
the investigation; will not leave India without permission of the Court and
will comply with the conditions contained in Section 438(2) Cr.P.C.
12.10.2017 (JAISHREE THAKUR)
Whether speaking/reasoned Yes.
Whether reportable No.
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