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Judgment
13 paragraphs · 221 wordsSant Parkash, J
[The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court.]
Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.165 dated 10.07.2020 registered under Section 498-A IPC at Police
Station Model Town, District Hoshiarpur.
As per the last order dated 27.10.2020 passed by this Court, it is evidently clear that the petitioner has joined the investigation. This fact is fairly
conceded by the learned counsel for the State that after joining the investigation by the petitioner, he is not required for any further investigation.
The request for granting of anticipatory bail to the petitioner is opposed by the learned counsel for complainant/respondent No.2 on the ground that
recovery of the dowry articles is yet to be effected. This submission of learned counsel for complainant/respondent No.2 is totally misplaced and
misconceived. The present case pertains to the offence under Section 498-A IPC and is not under Section 406 IPC where the entrustment of articles
is mandatorily required to be made to the person, by whom, it is misappropriated.
Since the petitioner has joined the investigation and he is not required for any further investigation, the interim order dated 11.08.2020 is made absolute,
subject to the conditions as contained in Section 438(2) Cr.P.C.
Petition stands allowed.