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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Vidhyadhar Baswala – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manisha Batra, J.
The instant petition has been filed by the petitioner under Section 438 of Cr.P.C. seeking grant of anticipatory bail in case bearing FIR No.40 dated 14.05.2023 registered under Sections 323, 406, 494, 498-A, 506 and 34 of IPC at Police Station Women, Hisar.
2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR has been registered against the present petitioner on the basis of complaint lodged by his wife Mamta alleging therein that she was married with him as on 05.03.2016. Though a huge amount of money was incurred in the marriage and substantial articles of dowry in different forms including jewellery had been given to the petitioner and his family members, however, they were not satisfied with the same and shortly after the beginning of her marital life, they had started harassing her and taunting her on account of bringing insufficient dowry and by raising different demands. She alleged that ultimately she was turned out of her matrimonial house along with her children in the month of March 2020. The petitioner performed second marriage with another lady and even got the said marriage registered on 03.11.
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 granted under Section 438 Cr.P.C. when petitioners have no criminal antecedents and face only general allegations without medical evidence.
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.
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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