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SUMEET GOEL
Dinesh Madan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mr. Sumeet Goel, J.
This order will dispose of aforesaid two petitions filed under Section 439(2) of the Code of Criminal Procedure, 1973 for cancellation of anticipatory bail granted to private respondent(s) vide order dated 06.02.2023 passed by learned Additional Sessions Judge, Faridabad in FIR No.32 dated 04.03.2022 registered for offences punishable under Sections 323, 406, 498-A, 506 and 34 of IPC and Section 25 of the Arms Act at Women Police Station Ballabgarh, District Faridabad, Haryana.
2. The petitioner is the father of the victim, whose marriage was solemnized with the private respondent-Karanbir Singh Kassowal on 22.11.2015 according to sikh rites and ceremonies at Jalandhar, Punjab. As per the prime stand of the petitioner (herein), the private respondent(s) along with their family members used to torment the victim on account of dowry and hence an FIR ibid got registered by him.
3. Vide order dated 06.02.2023 passed by Additional Sessions Judge, Faridabad, the respondent No.2-Karanbir Singh Kassowal was granted anticipatory bail; relevant whereof reads as under :
The court established that non-recovery of dowry articles is not a valid ground for cancelling anticipatory bail, emphasizing the need for evidence of misuse of bail.
The court clarified the distinction between cancellation of bail and setting aside a bail order, emphasizing that cancellation requires supervening circumstances while setting aside challenges the me....
The significance of statements recorded under Section 164 and Section 161 of the Criminal Procedure Code in considering applications for anticipatory bail cancellation.
Advocates appeared :For the Appellant : Amit Lahoti For the Respondent : D. R. Sharma, V. D. Sharma, A. K. Nirankari
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