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Dr. Abhishek Aggarwal vs State Of Haryana And Another on 12 December, 2017


Date of decision: 12.12.2017

Dr.Abhishek Aggarwal

State of Haryana and another


Present: Mr.NS Shekhawat, Advocate
for the petitioner

Ms.Dimple Jain, AAG, Haryana
assisted by ASI Vijay Kumar

Mr.MK Sood, Advocate for respondent No.2.


The present petition under Section 438 Cr.P.C. has been filed

for grant of bail to the petitioner in case FIR No.14 dated 28.1.2017,

registered under Sections 354-A, 377, 406 and 498A IPC at Police Station

Women, Faridabad.

On 27.2.2017, this Court had passed the following order:-

“Learned counsel for the petitioner submits that
petitioner is a doctor working in the hospital at Muradabad
(U.P.) and his wife i.e. respondent No.2 is also MBA and
working in a multinational company. One male child was born
who is now one year old from this wedlock. He further submits
that petitioner is ready for compromise if, the matter is referred
for mediation.

Notice of motion for 01.05.2017.

Notice be issued to respondent No.2, on depositing of

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Rs.40,000/- towards litigation expenses by the petitioner before
the next date of hearing with the Registry of this Court which is
to be issued to respondent No.2. In the meantime, the petitioner
is directed to join investigation and appear before the
investigating officer. In the event of arrest, the petitioner be
released on interim bail subject to the satisfaction of the
arresting/investigating officer. However, the petitioner shall
join investigation as and when called upon to do so and shall
remain bound by the following conditions enumerated under
Section 438(2) Cr.P.C.

1. Petitioner shall make himself available for
interrogation by a police officer as and when required;

2. 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

3. Petitioner shall not leave India without the previous
permission of the Court;

4. Such other condition as may be imposed under
subsection (3) of section 437, as if the bail were granted
under that section.”

Respondent No.2-wife heard in person. She states that though

the FIR is factually correct, however, she has compromised with the

petitioner and has condoned his acts. She has decided to join the company

of the petitioner.

It is contended that in pursuance of order dated 27.2.2017, the

petitioner has joined the investigation.

The learned State counsel, on instructions, admits the factum of

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of the petitioner joining the investigation. She further submits that he is not

required for custodial interrogation.


In view of the statement made by respondent No.2- wife and

the fact that the petitioner has repeatedly joined the investigation, without

expressing any opinion on the merits of the case, the interim bail granted by

this Court vide order dated 27.2.2017, is made absolute, subject to

furnishing bail bonds/surety bonds to the satisfaction of learned Chief

Judicial Magistrate/Duty Magistrate, concerned.

The petition stands allowed.


Whether speaking / reasoned? Yes / No

Whether reportable? Yes / No

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