IN THE HIGH COURT OF PUNJAB AND HARYANA
CRM-M No.20302 of 2019
Date of decision: 27th May, 2019
State of Haryana another
CORAM: HON’BLE MR. JUSTICE FATEH DEEP SINGH
Present: Mr. Vishal Nehra, Advocate for the petitioners.
Mr. Baljinder S. Virk, Dy. Advocate General, Haryana
for respondent No.1/State.
Mr. Tushar Gautam, Advocate for respondent No.2.
FATEH DEEP SINGH, J. (ORAL)
Allegations against the petitioners Robin and Aman in this
first anticipatory bail application under Section 438 Cr.P.C. in case
bearing FIR No.288 dated 02.11.2018 under Sections 406, Section498-A, Section506
IPC pertaining to Police Station Paro Ambala Cantt., District Ambala,
have been levelled by complainant Deepika wife of Robin. In her
allegations the wife alleges that her marriage was solemnized on
17.12.2017 and after some time of the marriage the accused including the
petitioner started having quarrel with her and on occasions had beaten her
as well as strangulated her and demanded cash worth Rs.10.00 lacs and a
Honda City car. The wife further alleged that the husband was in an
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amorous relation with another lady, leading to registration of the present
Learned counsel for the petitioner Mr. Vishal Nehra,
Advocate inter alia contends that a bare perusal of the FIR reveals that
prima facie there is no allegation of Section 406 IPC and thus, no case for
any custodial interrogation is made out.
Learned State counsel Mr. Baljinder Singh Virk, Deputy
Advocate General, Haryana on instructions from HC Rakesh Kumar
assisted by learned counsel for the complainant Mr. Tushar Gautam,
Advocate has sought to stoutly oppose the grant of bail on the grounds of
being a pure matrimonial dispute and that there is specific allegation by
the complainant that the accused have retained her dowry articles and
jewellery, therefore the petitioners are not entitled to any relief.
Appreciating the submissions of the two sides, a close look at
the allegations contained in the FIR (Annexure P1) do not spell out any
specific entrustment of the articles of Istridhan much less any criminal
breach of trust by any of the petitioners qua them. In view thereof this
Court is of the opinion that mere joining the investigations by the
petitioners would suffice the purpose. Accordingly, the petitioners are
directed to join the investigations within a period of ten days from today.
On their doing so, they shall be released on bail to the satisfaction of the
Investigating Officer till submission of report under Section 173 Cr.P.C.
(challan). They shall however continue to join investigation and shall
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furnish an undertaking that they shall abide by the conditions specified
under Section 438 (2) SectionCr.P.C. Thereafter, the petitioners will be
permitted to furnish regular bail bonds to the satisfaction of the trial
The petition stands disposed off accordingly.
(FATEH DEEP SINGH)
May 27, 2019
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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