LAWS(DLH)-2006-12-184

VIJAY GUPTA Vs. THE STATE (NCT OF DELHI)

Decided On December 18, 2006
VIJAY GUPTA Appellant
V/S
The State (Nct Of Delhi) Respondents

JUDGEMENT

(1.) The husband seeks anticipatory bail in case under Sec. 498A/406 Penal Code registered against him on the complaint of his wife vide FIR No. 1101/2006 with Police Station Sangam Vihar.

(2.) Notice, Mr. Sunil K. Kapoor APP for the State accepts notice of this application on behalf of the respondent/State. The complainant with her counsel Mr. J.K. Sharma, Advocate is also present.

(3.) The complainant was married to the petitioner on 22.11.2002. After marriage disputes and differences arose between the parties which led to registration of the FIR in question against the petitioner and other members of his family on the complaint of his wife. The learned counsel for the complainant has contended that the petitioner has contracted second marriage during subsistence of his marriage with the complainant and it is submitted that because of offence of bigamy committed by the petitioner, a case has already been registered by the complainant against him. The learned counsel for the petitioner has strongly denied the allegations of second marriage against him. The complainant present in Court says that she is willing to go back to her matrimonial home and join the company of the petitioner even now. However, the petitioner is not prepared for the same. I am of the view that in case the petitioner is denied anticipatory bail sought for by him then it would mar all chances of reconciliation between the parties. The learned counsel for the petitioner has fairly agreed to pay Rs. 50,000.00 to the complainant within a week's time by means of a pay order through the Investigating Officer without prejudice to the rights and contentions of the parties. Subject to that it is ordered that in the event,of arrest of the petitioner, he be released on bail by the concerned Arresting Officer on his executing bail bonds in the sum of Rs. 25,000.00 with one surety in the like amount to his satisfaction. However, the petitioner is directed that he shall participate in the investigation as and when called by the Investigating Officer. Order accordingly.