GUNJAN MAHAJAN Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 439(2) read with Section 482 Code of Criminal Procedure for cancellation of bail of respondent No.2 in the case FIR No.780/2001, under Sections 406/498-A Indian Penal Code, P.S.Punjabi Bagh.

(2.) Prosecution allegations in brief are that. petitioner was married to Sachin Mahajan, respondent No.2, on 19/01/1999. In September, 2000, they started living in a separate flat at Vasant Kunj. However, on account of some differences, they could not pull on together and on the basis of report lodged by petitioner, above-noted case was registered against respondent No.2 and his other relations. Respondent No.2 was arrested and some articles of Istridhan were recovered. Thereafter he was sent to judicial custody. By orders dated 22/09/2001, respondent No.2 was released on bail by the Addl.Sessions Judge observing that petitioner was no longer required for investigation. This order has been challenged by the complainant.

(3.) Ms.Pinki Anand, learned counsel for petitioner vehemently argued that articles of Istridhan worth more than Rs.70.00 lacs are yet to be recovered. Respondent No.2 shifted to a separate residence at Vasant Kunj with an intent to get rid of the petitioner. She argued that the complainant and her family members are being threatened regularly and in this connection a report vide DD No.56-B was lodged at P.S.Punjabi Bagh. It is thus argued that respondent No.2 has abused the discretion of bill granted to him by tampering with the evidence. Therefore, his bail is liable to be cancelled. Learned counsel for respondent No.2 and learned APP for State argued to the contrary.