PAYAAL SABHLOK Vs. R K SABHLOK

JUDGEMENT

(1.) . This is a petition under Section 439(2) of the Code of Criminal Procedure for cancellation of anticipatory bail granted to respondent No. I vide order dated 30th January, 1993 passed by Addl. Sessions Judge, Shahdara, Delhi.

(2.) . The petitioner and respondent No. 1 were married in the year 1986 and they have got a girl child. The parties had been living together in U.S.A. and Libia and in August, 1990 the petitioner returned to India. It has been alleged in the petition that the respondent No. I and other members of his family had been demanding dowry ofRs.50,000.00 andthis demand was met partially by paying Rs.l5,000.00 . lt has further been alleged that on 6.11.91 respondent No. I himself gave a written Undertaking (copy of which is at page 39 of the petiton) that in future he will not misbehave or illtreat his wife and he will not make any sort of useless allegations against her and will not stop her from visiting her parents. It has further been alleged that since the respondent No. 1 failed to comply with this undertaking and was making arrangements to go abroad leaving the petitioner and their daughter behind, the petitioner was compelled to lodge the present FIR No. 179/91 at P.S.Anand Vihar, Delhi on 13th November, 1991.

(3.) . Mean while, the respondent No.1filed an application under Section 438 of Code of Criminal Procedure for grant of anticipatory bail. The said application came up for hearing before the Learned Additional Sessions Judge, Shahdara, Delhi on 20th January, 1993 and the following order was passed by the learned Addltional Sessions Judge on that date :-