Disposed

Baljit Singh v. State of Punjab and Another

Punjab & Haryana HC17 Dec 2024CRM-M/7675/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought under Sections 498-A and 406 IPC in a dowry-demand FIR. Petitioner had joined investigation; mediation between parties failed. Interim bail granted earlier was made absolute subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Interim anticipatory bail order dated 14.2.2024 made absolute, subject to Section 438(2) Cr.P.C. conditions and duty to join investigation as required.

Baljit Singh Vs State of Punjab and Another — Dowry and Cruelty | Punjab & Haryana HC (2024)

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CRM-M-7675-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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201

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Criminal Misc. No. M-7675 of 2024 Date of decision :-17.12.2024

Baljit Singh

…..Petitioner

Versus

State of Punjab and another

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…..Respondents

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CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. Jagdish Singh Mahal, A d vocate for the petitioner.

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Ms. Guramrit Kaur, DAG, P u njab.

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Mr. Vipin, Advocate for res p ondent No.2.

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NIDHI GUPTA J. (Oral)

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The petitioner is seeking anticipatory bail in FIR No.0137 dated 17.12.2023 (Annexure P-1) under Sections 498-A and 406 IPC, registered at Police Station Dha r iwal, District Gurdaspur.

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On 14.2.2024, this Court ha d passed the following order

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“Prayer in this first petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR N o.0137 dated 17.12.2023 (Annexure P-1), under Se c tions 498-A and 406 IPC, registered at Police S t ation Dhariwal, District Gurdaspur.

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Learned counsel for the petitioner/husbandinter alia submits that the peti t ioner was married to the complainant/respondent No . 2 herein on 27.3.2022, and

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VIJAY ASIJA 2024.12.19 18.27 I attest to the accuracy and integrity of this document

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CRM-M-7675-2024

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that they have been living s eparately since June 2023. Learned counsel subm i ts that thereafter the complainant/respondent No.2 filed a complaint in June 2023, on the basis of which, present FIR has been registered on 17.12.2023. N o child was born out of the said wedlock. It is submitt e d that the allegations in the FIR are in respect of dowry d emand. It is further alleged in the complaint that the p etitioner used to beat the complainant/respondent No.2 and had turned her out of the house and threatened t o kill her. Learned counsel contends that the said alle g ations are utterly false and fabricated and he undertake s to join and cooperate in the investigation.

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Notice of motion.

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On asking of the C o urt, Mr. Kunwarbir Singh, AAG, Punjab accepts notice on behalf of State and seeks time to file reply in the matt e r.

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Adjourned to 18.7.20 2 4.

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In the meantime, the petitioner is directed to appear before the SHO/I n vestigating Officer to join investigation and in the ev e nt of his arrest, he shall be released on interim bail on his furnishing bail bonds to the satisfaction of SHO/Inv e stigating Agency subject to the following conditions a s envisaged under Section 438(2) Cr.P.C.:-

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i) that the peti t ioner shall make himself available for interrogation before the Investigating O ff icer as and when required ;

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ii) that the petiti o ner shall not, directly or indirectly, mak e any inducement, threat or promise to any person acquainted with the facts of the ca s e so as to dissuade him/her from disclosing such facts to the Court or to any police offic e r;

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iii) that the petit i oner shall not leave the country, witho u t prior permission of the Court and sha l l surrender his passport, if any.

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VIJAY ASIJA 2024.12.19 18.27 I attest to the accuracy and integrity of this document

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CRM-M-7675-2024 3

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Meanwhile, State co u nsel is directed to file fresh affidavit/status report as to the exact role of the petitioner alongwith the det a ils of pending FIRs, if any, on or before the next date o f hearing.” Vide order dated 18.7.202 4 passed by this Court, on request of learned counsel for the com p lainant/respondent No.2 the matter w a s referred to the Mediation an d Conciliation Center of this Court.

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As per the report dated 1 0 .12.2024 received from the Mediator , the mediation has failed.

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Learned State counsel, on in s tructions from ASI Sukhdev states tha t in terms of the order dated14. 2 .2024, passed by this Court, reproduc e d above, the petitioner has j oined the investigation on 23.3.202 4 , however, some of the gold art i cles are yet to be recovered. In reply to the submissio n s of learned State counsel, learned c o unsel for the petitioner relies u p on the judgment of Hon’ble Supreme Court in Bimla Tiwari vs. State of Bihar and others , passed in Special Leave Petition (Crl.) Nos.834-835 of 2023 , on 16.01.2023 wherein i t is held that matter of grant o f bail, is not akin to money recovery p roceedings.

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Heard.

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In view of the above, the or d er dated 14.2.2024 granting interim b a il to the petitioner is made absolute.

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However, the petitioner shall abide by the conditions stipulate d under Section 438(2) Cr.P. C . He shall also join the investiga t ion and cooperate with the inve s tigating agency in case he is required f or the same in future as and wh e n called upon to do so.

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VIJAY ASIJA 2024.12.19 18.27 I attest to the accuracy and integrity of this document

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CRM-M-7675-2024

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In case at any given point o f time hereinafter, it is felt by the inve s tigating agency that the pet i tioner is required for the investiga t ion but is not cooperating, they will be at liberty to approach this Cour t for passing appropriate orders.

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The petition stands disposed of.

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Decembe r 17, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2024.12.19 18.27 I attest to the accuracy and integrity of this document

Baljit Singh v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Baljit Singh v. State of Punjab and Another

Case brief

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What did the court decide?

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