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Judgment
Kuldip Singh, Judge
This is an application, u/s 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 17/12 dated 22.1.2012 registered at Police Station, Nahan, under sections 498-A, 406, 506 IPC. It has been stated that petitioner No. 1 was married with Kalpana Devi alias Ruchi Gupta on 29.5.2010. The behaviour of wife of petitioner No. 1 was irresponsible from very beginning. She started pressuring the petitioners and wanted to live separately. The wife of petitioner No. 1 after some time went to her parents and did not return to her matrimonial home. The petitioner No. 1 got issued notice to his wife through advocate. The service of the notice was evaded by the wife of petitioner No. 1. The petitioner No. 1 lodged a report at Police Station, Dharampur and with Pradhan, Gram Panchayat, Dharampur. The wife of petitioner No. 1 filed petition u/s 125 Cr.P.C. for grant of maintenance, which was compromised on 23.7.2011 before the lok adalat. The petitioner No. 1 is regularly paying maintenance to his wife fixed by the lok adalat.
The wife of petitioner No. 1 has now lodged a false complaint against the petitioners and thereupon FIR No. 17 dated 21.2.2012 has been registered at Police Station, Nahan. The petitioners in view of registration of said case apprehend their arrest at any time. The petitioners are innocent and they have been falsely implicated by the wife of petitioner No. 1. The petitioners are ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioners on bail.
The status report has been filed, record perused. It has been stated that case has been registered on the basis of complaint filed by Kalpana Devi wife of Ravinder Gupta and in view of order dated 21.2.2011 passed by learned Judicial Magistrate Ist Class, Nahan for conducting investigation u/s 156 (3) Cr.P.C. It has come in investigation that Kalpana Devi was married with Ravinder Gupta on 29.5.2010. The dispute has arisen between the parties as complainant insisted that she would stay with petitioner No. 1 at Chandigarh. Kalpana Gupta has been receiving Rs. 4000/- per month maintenance from her husband since 23.7.2011. It has not come in investigation that any dowry item was given to petitioner No. 1 by the father of Kalpana Devi at the time of marriage or engagement. It appears there is a matrimonial dispute between the parties. The petitioners have made out a case for grant of bail in their favour u/s 438 Cr.P.C.
In view of above, the petition is allowed and it is directed that in the event of arrest of the petitioners in FIR No. 17/12 dated 22.1.2012 registered at Police Station, Nahan, under sections 498-A, 406, 506 IPC, they be released on bail on their furnishing personal bond in the sum of Rs. 25,000/- each with one surety each of the like amount to the satisfaction of arresting officer with the conditions that petitioners shall join the investigation as and when directed by the investigating officer and shall not hamper the investigation and tamper the prosecution evidence in any manner. The petitioner No. 3 is a woman, therefore, she shall be interrogated strictly in accordance with law. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. Both the applications stand disposed of.