High Court of Punjab and HaryanaCRM-M/64526/2023allowed

Nitin Gupta v. State Of Punjab

2024-05-14Mrs. Justice Manisha Batra6 pages

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Status report has been filed by the respondent-State, as per which, preliminary inquiry was conducted prior to registration of FIR. In compliance of the order dated 31.08.2023, passed in CRWP-5491-2023, the complainant had gone to her matrimonial house on 02.09.2023 and had brought some articles belonging to her daughter and for herself for the

purpose of daily use. The co-accused has joined the investigation. The petitioner was directed to join the investigation vide order dated 13.03.2024. As submitted by learned State counsel, he has joined investigation on 06.07.2024, got effected recovery of 8-9 tolas of gold and household items. 6.

It is argued by learned counsel for the complainant that recovery of some gold articles belonging to the complainant is yet to be effected. The allegations against the petitioner are serious in nature. The petitioner and his family members physically as well as mentally tortured the complainant and the photographs Annexure C-1 which were taken from the CCTV footage of the camera installed in her matrimonial house proved this fact. $

I have heard learned counsel for the petitioner as well as learned State counsel at considerable length and have gone through the record carefully.

The petitioner along with his family members is alleged to have subjected the complainant to cruelty on account of bringing insufficient dowry and it is also alleged against him that even prior to the marriage of the parties, the mother of the complainant had transferred an amount of Rs.5,11,000/- in the bank account of the petitioner as per demand made by him. The petitioner has since joined the investigation. Some gold ornaments and other articles belonging to the complainant are also shown to have been recovered. Though, the claim of the complainant is that the recovery of some more gold ornaments is yet to be effected and hence the petitioner does not

deserve to be given concession of pre-arrest bail but the non-recovery of gold ornaments cannot be considered to be a ground to deny benefit of bail to the petitioer as per settled proposition of law. Reference in this regard can be made to B@

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So far as the question of veracity of the photographs placed on record as Annexure C-1 is concerned, the same is to be seen by learned trial Court at the time of evidence produced before it and it is not appropriate for this Court at this stage to go into the merits of the case. Keeping in view the fact that the custodial interrogation of the petitioner is not required as he has already joined investigation, the nature of the allegations as levelled against the petitioner, the fact that the offences as alleged against him are triable by Magistrate and the attendant facts and circumstances of the case, I am of the considered opinion, that the order dated 13.03.2024 " "

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