High Court of Punjab and HaryanaCRM-M/55602/2019allowed

Alok Jain v. State Of Haryana

2021-07-05Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.202 Case No.: Crl.Misc.No.M-55602 of 2019 (O&M) Date of Decision : July 05, 2021 Alok Jain ....

Petitioner vs.

State of Haryana ....

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

Mr. Ashit Malik, Advocate for the petitioner.

Ms.Gaganpreet Kaur, AAG, Haryana.

None 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.931 dated 12.11.2019 under Sections 323, 406, 498-A, 506, 377 IPC, registered at Police Station City Karnal, District Karnal.

Learned counsel for the petitioner states that pursuant to order dated 27.12.2019, passed by this Court, the petitioner has joined the investigation. This fact is not disputed by learned State counsel as well. However, learned State counsel, on instructions from ASI Jitender Kumar, submits that certain dowry articles are yet to be recovered for which the custodial interrogation may be required. Learned counsel appearing for the petitioner has, on the other hand, strongly refuted the submissions of learned State counsel by contending that he is not in possession of any articles as alleged and everything stands returned to the complainant. MONIKA 2021.07.05 16:16 I attest to the accuracy and integrity of this document

Crl.Misc.No.M-55602 of 2019 (O&M) : 2 :

Heard.

Demand and entrustment of dowry articles, as alleged by the complainant, are disputed questions of fact which cannot be considered at this stage. They would be appreciated and considered when the evidence is adduced by the parties before the Trial Court. The instant petition is thus allowed and interim order dated 27.12.2019 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

July 05, 2021 (MANJARI NEHRU KAUL) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No MONIKA 2021.07.05 16:16 I attest to the accuracy and integrity of this document