JUHI MODI Vs. SURESH KUMAR GOPTA

JUDGEMENT

(1.) This petition filed under Sections 439(2) and 482, Cr.P.C.read with Article 227 of the Constitution of India seeks the cancellation of bail granted to respondents 1 to 4 by the order dated 16th October, 1998 by an Additional Sessions Judge.

(2.) Facts giving rise to this petition, in brief, are that the petitioner was married to Neeraj Gupta, respondent No. 3 on 3rd July, 1998 at Delhi. On a complaint made by the petitioner, FIR No. 997/98 under Sections 406/498-A/34, Indian Penal Code was registered at PS Sriniwas Puri on 14th October, 1998. Thereafter, on 15th October, 1998 search was conducted at the respondents' residence No. A-57, New Friends Colony, New Delhi and respondents I to 4 were also arrested. Application filed by these respondents seeking anticipatory bail before the Additional Sessions Judge, after their arrest, was allowed to be treated as application for regular bail and they were admitted to bail by the order dated 16th October, 1998, the cancellation whereof is now sought by the petitioner. Application seeking cancellation of bail filed by the petitioner later on came to be dismissed by the Additional Sessions Judge by the order dated 14th January, 1999.

(3.) Before adverting to the submission advanced on behalf of the petitioner I would like to refer to two decisions of the Supreme Court in Delhi Administration v. Sanjay Gandhi, AIR 1978 SC 961 and Raghubir Singh & Others v. State of Bihar, (1986) 4 SCC 481 which deal with the grounds on which bail can be cancelled under Section 439(2), Cr.P.C.