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SUMEET GOEL
X (30554) – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Sumeet Goel, J. (Oral):- Present petition has been filed under Section 438 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for grant of anticipatory bail to the petitioner in case FIR No.0004 dated 28.05.2024, under Sections 498-A and 406 IPC registered at Police Station Women, District Bathinda.
2. The gravamen of the FIR in question relates to demand of dowry, harassment and cruelty being meted out to the complainant by her husband (petitioner-herein) and father-in-law, mother-in-law, maternal aunt of husband, brother-in-law, respectively. It has been alleged by the complainant that her marriage was solemnized with the petitioner on 13.04.2021. Sufficient dowry was given at the time of marriage including 20 lacs cash, gold kara, chain, ring etc. Despite this, complainant’s in-laws continuously demanded more dowry, including a car and insulted the complainant for being from a poor family. The complainant has further alleged that the petitioner and his family members subject her to mental and physical harassment and continuously kept on pressurizing her to meet their dowry demands. They frequently insulted the complainant, stating that the dowry given was ins
The conduct of the accused is critical in determining anticipatory bail; misuse of interim protection can lead to denial of bail.
Mere non-recovery of disputed dowry articles and lack of requirement for further investigation can be considered in granting anticipatory bail in domestic violence cases.
Anticipatory bail may be denied in serious offences where allegations are grave and custodial interrogation is necessary for a fair investigation.
Non-recovery of dowry articles alone cannot be a ground for declining anticipatory bail. The conduct of the accused, including cooperation in the recovery of dowry articles, is a relevant factor for ....
The conduct of an accused is an essential factor required to be considered by a Court while adjudicating upon a plea made by such an accused for grant of pre-arrest/anticipatory bail.
Anticipatory bail under Section 438 Cr.P.C. requires a careful assessment of the facts and circumstances, particularly in cases involving dowry allegations, where the safety of the complainant and th....
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