JYOTI Vs. STATE AND ORS.

JUDGEMENT

(1.) IN this petition, cancellation of pre -arrest bail granted to respondent -accused in FIR No. 159/2013 under Section 406/498A/34 IPC registered at Police Station Krishna Nagar is sought on the ground that petitioner was subjected to cruelty and merely because respondent - accused had agreed to pay a sum of Rs. 2 lakhs to petitioner -complainant, pre -arrest bail has been granted which is unjustified in the facts and circumstances of this case.

(2.) AT the hearing, learned counsel for the petitioner has drawn the attention of this court to the various SMS messages sent by respondent - accused to submit that the conduct of respondent -accused was cruel and he had subjected the petitioner to immense cruelty. It is pointed out that petitioner's family had spent huge amount of money on the marriage in question and the concession of pre -arrest bail has been extended to respondent -accused while ignoring that he had illicit relations with another girl and respondent -accused used to come home under the influence of liquor and often used to beat petitioner. It was pointed out that the custody of the children has been deceitfully taken away by respondent -accused and so impugned order granting bail to respondent - accused deserves to be set aside.

(3.) THE considerations which ought to weigh with the court while dealing with application seeking cancellation of bail have been succinctly spelt out by Apex Court in the case of Kanwar Singh Meena v. State of Rajasthan, : (2012) 12 SCC 180 in these words: -