Crl. Misc. No. M-25707 of 2017 (OM) -1-
In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-25707 of 2017 (OM)
Date of Decision: 14.2.2018
Amanpreet Singh ……Petitioner
State of Punjab and another …..Respondents
CORAM: HON’BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. R.S.Cheema, Senior Advocate with
Mr. R.K.Trikha, Advocate
for the petitioner.
Mr. K.S.Aulakh, DAG, Punjab.
Mr. Satnam Chauhan, Advocate
for respondent No. 2.
ANITA CHAUDHRY, J
Application is allowed and Annexures P-4 to P-6 are taken on
Through the instant petition, the petitioner is seeking
anticipatory bail in case FIR No. 0133 dated 24.6.2017, registered under
Sections 498-A IPC, Police Station City Kharar, District SAS Nagar
Petitioner was granted interim bail on 18.12.2017. He has
joined the investigation. It was a love marriage and differences arose within
two months of the marriage. The matter was sent for mediation. Mediation
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has failed. It has been informed that the draft which was handed over on
18.12.2017 did not bear the correct name. The complainant has not filed
any application in this regard.
Learned senior counsel for the petitioner states that if there is
any mistake in the draft, the same can returned and they can get a fresh
Learned senior counsel states that when the matter was before
the counsellors all the articles had been returned to the complainant. The
counsel also submits that the complaint was by the father and there were no
allegations under Section 406 IPC.
The statement was given by the girl after three months of
registration of the FIR where subsequently allegations of demand of dowry
have been made. It is a matter which would be tested at the trial. Custodial
interrogation of the petitioner is not necessary.
Looking to the circumstances, but without commenting on the
merits of the case, the petition is allowed and order dated 18.12.2017
granting interim bail to the petitioner is made absolute subject to the
conditions laid down in Section 438 Sub Section 2 Clauses (i)(ii) and (iii) of
the Code of Criminal Procedure.
February 14, 2018
Whether speaking/reasoned : Yes
Whether reportable : No
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