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High Court of Punjab and HaryanaCRM-M/36146/2018allowed

Yogesh v. State Of Haryana

2019-08-26Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-36146-2018 Date of decision:26.8.2019 YOGESH ....Petitioner

Versus

STATE OF HARYANA & ANR.

.....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Chirag Kundu, Advocate for the petitioner.

Mr. Ashok Singh Choudhary, Addl. A.G., Haryana. **** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks grant of anticipatory bail in respect of FIR No.91 dated 8.5.2018 under Sections 406, 498-A, 506/34 IPC, Police Station Women, District Jind.

2.

The FIR was lodged at the instance of Pooja wherein it has been alleged that she was married to the petitioner on 14.4.2016. It is alleged that the petitioner's husband and his parents were however not happy with the dowry given in the marriage and were demanding a car and also used to give beatings in order to press upon their demands. It is further alleged that on 5.2.2018 she was given a fist blow by her husband and who later also tried to strangulate her.

3.

Learned counsel for the petitioner has submitted that a false FIR has been lodged against the petitioner and his parents which is in fact a counter GAURAV SOROT 2019.08.26 17:22 I attest to the accuracy and integrity of this document

(2) CRM-M-36146-2018 blast to the FIR lodged by the petitioner against his in-laws i.e. FIR No.67 dated 16.2.2018 which was lodged 3 months prior to the present FIR. 4.

Opposing the petition, learned State counsel has submitted that since the petitioner is specifically named in the FIR, no case for anticipatory bail is made out. It is however informed that the petitioner has since joined investigation.

5.

Having regard to the facts and circumstances of the case, it is apparent that the case has arisen mainly out of matrimonial discord between the parties. Without making any expression on the merits of the case, the petition is accepted and the interim directions issued vide dated 13.3.2019 by this Court are hereby made absolute subject to the condition that the petitioner would appear before Investigating Officer as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. ( GURVINDER SINGH GILL) 26.8.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.08.26 17:22 I attest to the accuracy and integrity of this document