XYZ Vs. HEMANT KUMAR DESHMUKH

JUDGEMENT

(1.) Heard. The present petition is for cancellation of the bail granted to respondent No.1.

(2.) The brief facts of this case are that the application has been filed by the complainant, who happens to be the wife of the respondent No.1 and the matrimonial disputes and the battle for custody of the child are going on. This Court by order dtd. 9/3/2017 granted first bail to respondent No.1 in M.Cr.C.A No.1256 of 2016 under Sec. 498A, 354 read with Sec. 34 of IPC and Sec. 4 of Dowry Prohibition Act. Subsequently, Sec. 377 IPC was added and again on 26/7/2017 in M.Cr.C(A) No.568/2017 anticipatory bail was granted to respondent No.1 for which the trial is pending. The instant petition has been filed by the wife for cancellation of bail on the ground that the bail condition imposed by the bail order has been flouted.

(3.) Learned counsel for the petitioners would submit that the custody battle in between the husband & wife is pending, wherein the family Court by its order dtd. 7/10/2021 given the visiting right to the respondent/father to allow him to meet during the birthday of the child. It is further stated that on the birthday the child fell sick, as such he was forced to admit to the hospital. At such point of time the respondent No.1 reached to the hospital and tried to outrage the modesty of the wife which was recorded in the CCTV camera, which was seized by the police, for which the FIR was lodged. Consequently, the respondent has flouted the condition imposed which mandate that the applicant shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; or the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. He therefore submits that the bail granted to him may be cancelled. He placed his reliance on the judgment of the Supreme Court in the matter of Vipan Kumar Dhir Versus State of Punjab and another {CRA Nos.1161-1162 of 2021, decided on 4/10/2021}.