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High Court of Punjab and HaryanaCRM-M/38092/2020allowed

Narender Singh v. State Of Haryana

2021-03-31Mr. Justice Gurvinder Singh Gill3 pages

In the High Court for the States of Punjab and Haryana At Chandigarh I) CRM-M-38092-2020 (O&M) Narender Singh ... Petitioner

Versus

State of Haryana ... Respondent II) CRM-M-38133-2020 (O&M) Mithlesh Devi ... Petitioner

Versus

State of Haryana ... Respondent III) CRM-M-41420-2020 (O&M) Anjali ... Petitioner

Versus

State of Haryana ... Respondent IV) Shadna @ Sarda ... Petitioner

Versus

State of Haryana ... Respondent \ Date of Decision:-31.3.2021

( 2 ) CRM-M-38092-2020 (O&M);

CRM-M-38133-2020 (O&M);

CRM-M-41420-2020 (O&M) &

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Swarn Tiwana, Advocate for Mr. Gurbir S. Sidhu, Advocate for the petitioner(s). Ms. Sheenu Sura, DAG, Haryana, assisted by ASI Amardeep.

Mr. Sudesh Kumar, Advocate for the complainant. ***** GURVINDER SINGH GILL, J.(Oral) 1.

This order shall dispose of the above mentioned four petitions filed on behalf of petitioners Narender Singh, Mithlesh Devi, Anjali and Shadna @ Sarda seeking grant of ancitipatory bail in respect of a case registered vide FIR No.0042 dated 11.3.2020 at Police Station Women Police Station, District Sonipat under Sections 323, 342, 406, 498-A, 506 and 34 of Indian Penal Code.

2.

The FIR was lodged at the instance of Renu Malik wherein it is alleged that her marriage was solemnized with Sumit Kumar on 08.11.2019 as per Hindu Rites and Ceremonies. At the time of marriage Sumit Kumar demanded an amount of `50 lakhs and SUV Car and also ornaments to the tune of `20 lakhs. It is alleged that all the dowry articles given to her were kept by her mother-in-law. On 14.11.2019, she went to Netherland with her husband where she was kept locked and was not even provided meals. It is alleged that she was beaten by her husband and her brother-in-law Ajay demanded €20,000 (`15 lakhs). The complainant has alleged that shortly after her marriage the behaviour of her in-laws had changed and they all abused her and misbehaved with her and were not satisfied with the dowry.

( 3 ) CRM-M-38092-2020 (O&M);

CRM-M-38133-2020 (O&M);

CRM-M-41420-2020 (O&M) & 3.

The learned counsel for the petitioners submits that the petitioners have falsely been implicated in the instant case and that a false FIR has been lodged on account of matrimonial discord amongst the complainant and her husband.

4.

Opposing the petition, the learned State counsel assisted by counsel for the complainant has submitted that since the accused are specifically named in the FIR and specific allegations have been levelled against them, no case for grant of bail is made out. The learned State counsel, upon instructions from ASI Amardeep has informed that pursuant to interim directions issued by this Court, the petitioners have since joined investigation. 5.

I have considered rival submissions addressed before this Court. 6.

It is apparent that the FIR came to be lodged on account of some kind of matrimonial discord amongst the parties. In any case, since the petitioners have already joined investigation, their custodial interrogation would not be warranted keeping in view the nature of allegations. All the petitions, as such, are accepted and the interim directions issued by this Court vide orders dated 18.11.2020 and 10.12.2020 are hereby made absolute subject to the condition that the petitioners shall join investigation 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. 31.3.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No