Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Raghunath Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manisha Batra, J.
CRM-34009-23
The application stands dismissed as not pressed at this stage.
Main Case
1. The present petition has been filed under Section 438 Cr.P.C. seeking anticipatory bail by the petitioners in case arising out of FIR No.363, registered under Sections 313, 323, 354, 406, 498-A and 34 of IPC at Police Station Bahalgarh, District Sonipat.
2. Brief facts of the case relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on 28.11.2022 on the basis of written complaint filed by the complainant Swati Ahuja alleging therein that her marriage was solemnized with the accused Rishabh Bhalla who is son of the present petitioner on 25.11.2020 at Sonepat, according to Hindu rites and ceremonies. Her parents had spent money beyond their capacity at the time of marriage and had given her sufficient dowry. However, her in-laws were not happy with the dowry articles given to her and just few days after the marriage, they started taunting her by saying that their son was earning handsome amount of money and also demanded a luxury car and one flat if she wanted to stay with them. When the complainant expressed the inabil
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.
The conduct of the accused is critical in determining anticipatory bail; misuse of interim protection can lead to denial of bail.
Grant of anticipatory bail based on lack of direct connection to the crime, collection of exhibits sent for analysis, and absence of necessity for custodial interrogation.
The lack of proof regarding the return of dowry articles and the apprehension expressed by the complainant influenced the court's decision to reject the anticipatory bail application.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
