Vikas v. State Of Haryana And Another
CRM-M-51818-2023
!"#! " $ VIKAS !!! % & ! STATE OF HARYANA AND ANOTHER
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*! * ' % '%! +%,-.,%/ %! Ms. Aditi Girdhar, AAG, Haryana. Mr. Saransh Sabharwal, Advocate for respondent No.2. 000 ' -!
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' -! ! Petitioner Vikas has filed instant petition under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.80 dated 14.09.2023 under Sections 406, 498-A, 506, 420 and 120-B of IPC registered at Women Police Station, District Panchkula (Annexure P-1). 2.
As per facts of the case, Kanta Tanwar filed written complaint alleging that her marriage was solemnized with Vikas on 02.11.2006. Out of this wedlock, she is having two daughters. After solemnization of marriage, behaviour of accused persons was good towards her. After some time, he started raising demand for money for payment of loan and other debts raised by him for marriage function. There was drastic change in his behaviour. In the year 2011, she was ill-treated and even beaten up. Matter was reported to the police. He admitted his fault but even then there was no change in his
behaviour. Complainant has given detail of loan amount and money transactions which took place. Various loans were raised in her name on account of this she had faced difficulty in her job as she was not getting her salary on time. Demand of her husband did not stop and finally matter was reported to the police on the basis of which present FIR has been registered. 3.
Learned counsel for petitioner argued that allegations levelled against him are false. Loans which were raised by the petitioner, he is making payment of EMI regularly. Counsel for petitioner also referred to the affidavit given by the petitioner attested on 25.08.2025 where he has given undertaking to clear his loans within 12 months from the date of affidavit. He is ready to join the investigation as and when required. 4.
Bail petition is opposed by learned counsel representing State assisted by learned counsel for the complainant. Detailed status report has been filed. There is reference of various money transactions which took place at the instance of petitioner by raising loans. Brother of petitioner is residing in Canada. Since huge money is involved, his anticipatory bail application was declined by learned Additional Sessions Judge. Investigation is still going on. After completion of investigation challan will be presented.
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I have considered the aforesaid factual position. Today, complainant is present in the Court who confirmed that she along with her two children is residing in the same house on the first floor. Complainant herself is a working lady. She had raised the issue that due to non-payment of EMI by her husband at times she does not get her salary on time which creates trouble in looking after her daughters. She had further raised the issue
that she may require to raise loan for the education of her elder daughter. At present, petitioner has furnished affidavit as referred above by giving undertaking that he will clear the entire loan within one year from the date of said affidavit. He is further ready to join the investigation. Considering the aforesaid factual position, no fruitful purpose would be served by sending him behind bars. Considering the aforesaid factual position, anticipatory bail petition filed by petitioner is allowed. Interim bail already granted vide order dated 22.11.2023 stands confirmed subject to the conditions as provided under Section 438 (2) Cr.P.C. It is further observed that in case petitioner fails to comply with undertaking given by him in the affidavit, complainant is at liberty to file application for cancellation of his bail. 6.
Pending miscellaneous application(s), if any, stand disposed of accordingly as well. 1' 2 1' 2 1' 2 1' 2 !"#! " $ !"#! " $ !"#! " $ !"#! " $
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