Anil Kumar vs State of Punjab

Ram Chand Gupta, J.—This order will dispose of all the aforementioned petitions filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR no. 101 dated 11.06.2011, under Sections 498a/ 406/ 506 IPC, registered at police station City Khanna, Police District Khanna, District Ludhiana. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Ludhiana dismissing bail applications filed on behalf of the petitioners.

Coordinate Bench of this Court while issuing notice of motion on 07.07.2011 passed the following order in Crl.Misc.No.M-20009 of 2011:-

Learned counsel for the petitioner submitted that the petitioner who is maternal uncle of the husband of the complainant, is living in a separate house with his family. The allegations against the petitioner in the FIR are false as he had nothing to do with the day-to-day life of the complainant.

Notice of motion.

In case of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C.

Coordinate Bench of this Court while issuing notice of motion on 22.07.2011 passed the following order in Crl.Misc.No.M-21988 of 2011:-

Prayer in the present petition is for grant of pre-arrest bail to the petitioner, who is father-in-law of the complainant.

Learned counsel for the petitioner submitted that the couple was residing separate in a rented accommodation whereas the petitioner was residing separately. Husband of the complainant was arrested and released on regular bail.

Notice of motion for 20.09.2011.

In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C.

Coordinate Bench of this Court while issuing notice of motion on 09.08.201 passed the following order in Crl.Misc.No.M-23956 of 2011:-

Learned counsel for the petitioner submitted that husband of the complainant has already been arrested. The dowry articles have been recovered. The petitioner is the mother-in-law of the complainant. Father-in-law and the maternal uncle have already been granted interim anticipatory bail by this Court.

Notice of motion for 20.9.2011.

In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/ Investigating Officer. He shall appear before the Investigating Officer as and when called upon for investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C.

The husband of the complainant and the complainant, namely, Pooja Tandon, wife of Arun Kumar, resident of opposite Dashmesh Dairy, Near Paul Hospital, Guru Angad Dev Nagar, Amloh Road, Khanna, District Ludhiana, to appear in person in court on the next date of hearing.

Mr. Sunil Chadha, Advocate, appears for the complainant. He states that he will inform the complainant about the order passed by this court.

It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said orders dated 07.07.2011, 22.07.2011 and 09.08.2011. It is also contended that moreover matter has since been settled due to intervention of Mediation and Conciliation Centre of this Court and that both the parties are living together and that respondent-complainant is also at the advance stage of pregnancy.

These facts have not been disputed by learned counsel for the State, on instruction from ASI Gurdev Singh as well as by learned counsel for complainant.

There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Hence, in view of these facts and without expressing any opinion on the merits of the case, all the anticipatory bail applications filed on behalf of Anil Kumar, Adarsh Tondon and Rama Rani are accepted and orders dated 07.07.2011, 22.07.2011 and 09.08.2011 granting interim bail in favour of the petitioners are, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Cr.P.C. All the petitions stand disposed of accordingly.