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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Bachan Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Manisha Batra, J. (Oral):-
The present petition has been filed under Section 438 of Cr.P.C. seeking anticipatory bail in the FIR mentioned below:-
FIR No. | Dated | Police Station | Sections |
88 | 25.08.2023 | Women, District Police Commissionerate, Jalandhar | 498-A and 406 of IPC, 1860 |
2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of complaint lodged by the complainant Jasjeet Kaur on 25.08.2023 alleging therein that she was married with Bhupinder Singh who is son of the present petitioner on 29.01.2021. It was the second marriage of both of them. Huge amount of money was spent by her parents at the time of marriage and gold ornaments were given to the petitioner and her other family members. After her marriage, the complainant came to know that it was infact third marriage of Bhupinder Singh. The petitioner who is mother-in-law of the complainant and her husband raised demand of a sum of Rs. 25,00,000/- for purchase of a flat. In February, 2021 husband of the complainant had left for USA but the petitioner and other members of his family kept on harassing the complainant by raising demand of Rs. 25
The main legal point established is that in cases where only an offense under Section 498-A IPC is present, custodial interrogation may not be required, and the court may grant anticipatory bail base....
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.
The conduct of the accused is critical in determining anticipatory bail; misuse of interim protection can lead to denial of bail.
Granting anticipatory bail based on the nature of allegations, the accused's cooperation in the investigation, and the interim protection granted to other co-accused family members.
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