Farukh vs State Of Haryana

Gurvinder Singh Gill, J

The petitioner seeks grant of anticipatory bail in a case registered vide FIR No.264, dated 20.5.2017, Police Station Sector 58, Faridabad, under

Sections 498-A, 406, 506, 323, 34 IPC.

The FIR in question was lodged at the instance of Aabida wherein it has been alleged that she was married to petitioner Farukh on 7.6.2013 as per

Muslim rites and that her father had spent an amount of `20 lakhs and had also given a Balero vehicle apart from gold jewellery but her husband,

mother-in-law, father-in-law, brother-in-law and sister-in-law were somehow not satisfied and demanded another `5 lakhs and a Bullet motorcycle and

used to taunt and harass her.

The learned counsel for the petitioner has submitted that he has falsely been implicated in the present case on account of there being some

differences amongst him and his wife and that all the allegations as levelled in the FIR have been concocted.

Opposing the petition, the learned State counsel has submitted that since the petitioner, being the husband, is the prime accused, no case for grant of

bail is made out. The learned State counsel has, however, informed that pursuant to interim directions, the petitioner has since joined investigation.

I have considered rival submissions addressed before this Court.

Having regard to the fact that the matter infact arises out of some kind of matrimonial discord and that the petitioner has already joined

investigation, his custodial interrogation is not warranted. The petition, as such, is accepted and the interim directions issued vide order dated 8.7.2020

are hereby made absolute subject to the condition that the petitioner shall appear and join investigation as and when called upon to do so and cooperate

with the Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.