NIKITA Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner filed the complaint on the basis of which FIR No. 517/ 2004 under Sections 498A/406, IPC, Police Station, Prashant Vihar, Delhi was registered. In the said FIR apart from implicating her husband, petitioner also levelled allegations against respondent Nos. 2 to 4 who are father- in-law, mother-in-law and brother-in-law of the complainant. The case is still pending. Respondents 2 to 4 moved an application under Section 438 of me Code of Criminal Procedure for grant of anticipatory bail and order was passed in their favour by learned Additional Sessions Judge, Delhi on 2.7.2004 allowing the said application of respondents 2 to 4. This petition has been filed by the petitioner/ complainant for cancellation of the anticipatory bail granted uide aforesaid order. The submission of learned Counsel for the petitioner is that there are serious charges against the accused persons and, therefore, anticipatory bail should not have been granted. Before this contention is appreciated, it would be proper to reproduce the impugned order dated 2.7.2004 passed by learned ASJ, Delhi which contains the reasons that persuaded the learned Trial Court to grant the anticipatory bail:

(2.) No doubt there are allegations in the FIR that before leaving for Australia the dowry articles given at the time of wedding were delivered to the parents of complainant's husband. The same was denied by the respondents 2 to 4 and their submission was that they had not even attended the marriage either on 12.7.2001 before the Marriage Registrar or on 13.7.2001 as per Arya Samaj Rites and the dowry articles were delivered at the house of the complainant on 12.7.2001 before the marriage took place and that there was no question of receiving the dowry articles from the complainant when they had not even attended the marriage. These are the matters for investigation. The learned ASJ kept in view the totality of the circumstances while granting bail to the respondents 2 to 4.

(3.) It may be mentioned that I am dealing with the application for cancellation of the bail granted by the learned ASJ and the consideration for cancellation would be totally different than the considerations which are to be kept in mind while granting the bail. Very cogent and overwhelming circumstances are necessary for an order seeking cancellation of an appeal [See Bhagirath singh Judeja v. State of Gujarat