Criminal Appeal No. 63791 of 2012 · Punjab & Haryana High Court

CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Sachin Rai Vaid, Advocate for for the petitioner. Mr. Raja Sharma, A.A.G. Haryana. for complainant/respondent No.2. RAM CHAND GUPTA, J.(Oral) ***** The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.367 dated 27.08.2012 under Sections 406, 498-A and 506 of Indian Penal Code, registered at Police Station Baldev Nagar, Ambala City. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Ambala dismissing anticipatory bail application filed on behalf of the petitioner. CRM No.M-33400 of 2012 2 This Court while issuing notice of motion on 19.10.2012 passed the following order:-

Crl.M.No.63791 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-33400 of 2012 Contends that petitioner along with her husband used to live in Shri Ganga Nagar, whereas complainant along with her husband used to live in Sadul Shahar, District Ganganagar, and hence, petitioner was having no concern with the matrimonial life of complainant and her husband. It is further submitted that marriage was also solemnized about ten years ago, i.e., on 17.2.2002. It is further submitted that husband of complainant has already been arrested and released on regular bail and that all the dowry articles have already been recovered from him. Notice of motion to Advocate General, Haryana, for 29.11.2012. However, in the meantime, petitioner is directed to join the investigation and in case she is arrested, she shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.

It has been contended by learned counsel for the petitioner that she has already joined the investigation pursuant to said order dated

19.10.2012. It has also been stated by learned counsel for the State on instructions from ASI Jaswinder Singh that though the petitioner has CRM No.M-33400 of 2012 3 joined the investigation, however, the bail application has been opposed on the plea that some dowry articles are to be recovered. There are no allegations on behalf of the State that petitioner is likely to abscond or that she is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. After taking into consideration all the facts and circumstances of the case, the present petition deserves to be allowed. Hence, without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of petitioner Koshalya Devi is accepted and order dated 19.10.2012 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. The present petition stands disposed of accordingly. November 29, 2012. Sachin M. ( RAM CHAND G UPTA ) JUDGE