Gitinder Garg v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.211 Case No. : CRM-M No.24263 of 2021 Date of Decision : September 28, 2021 Gitinder Garg ....

Petitioner vs.

State of Punjab ....

Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. (Through Video Conferencing) * * * Present :

Mrs. Baljit Mann, Senior Advocate with Mr. Anmol Partap Singh Mann, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. Sarwinder Goyal, Advocate for the complainant.

* * * MANJARI NEHRU KAUL , J.

(Oral) :

The instant petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.11 dated 17.04.2021, under Section 498-A IPC, registered at Police Station Women, District Bathinda. Learned senior counsel contends that the complainant has planted a false case with the mala fide intention of causing harassment to her husband i.e. the petitioner and his family including a married sister living in the USA as she herself was unable to adjust with the petitioner subsequent to their marriage in June 2020. It has also been contended that on perusal of FIR in question, it is clearly evident that the complainant has tried to abuse and misuse the provisions of Section 498-A IPC with an ulterior motive and for using it as a weapon against the petitioner and his family members as the allegations levelled against his family were found to MONIKA 2021.09.28 16:30 I attest to the accuracy and integrity of this document

CRM-M No.24263 of 2021 : 2 :

be incorrect during investigation. It is further submitted that in compliance of order dated 29.06.2021 passed by this Court, the petitioner has joined investigation.

Learned State counsel, on instructions from ASI Manda Singh, has not been able to controvert the submissions made by learned senior counsel for the petitioner. He, on instructions, has also apprised this Court that the petitioner has joined the investigation and is no longer required for further interrogation by the Investigating Agency. However, learned counsel appearing for the complainant has vehemently opposed the grant of anticipatory bail to the petitioner.

Heard learned counsel for the parties.

In the wake of instructions received from learned State counsel, the petition is allowed and interim order dated 29.06.2021 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C. September 28, 2021 (MANJARI NEHRU KAUL) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No MONIKA 2021.09.28 16:30 I attest to the accuracy and integrity of this document