LAKSHVEER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Lakshveer, the petitioner seeks pre-arrest bail in a case registered by way of FIR No.245 dated 23.3.2012 at Police Station Sadar, Hisar, District Hisar for an offence punishable under sections 498-A, 406, 506, 323, 354, 377, 509, 120-B read with section 34 of Indian Penal Code.

(2.) Learned senior counsel for the petitioner has submitted that it is a case of matrimonial dispute. He has further submitted that there have been two lists of dowry articles out of which the first list (Annexure ..P5) is handwritten and all the dowry articles mentioned therein have been returned. According to him, the second list of dowry articles is a computer generated list and the same does not bear the signatures of any one except Nisha, the complainant. He has submitted that as stated earlier, the allegations attracting the offence punishable under sections 354, 376, 377, 506 and 509 read with section 120-B IPC have been dropped. According to him, there is no assertion in the FIR showing that cruelty meted out to Nisha was of the nature as to drive her to the stage of committing suicide and therefore, offence punishable under section 498-A IPC is not attracted to the facts of this case.

(3.) Learned senior counsel for the petitioner has further submitted that Nisha had been talking on facebook with her paramour and was planning to eliminate the petitioner. In this regard, he drew my attention to some documents down-loaded from the facebook. He has further submitted that the conversation between the petitioner and Nisha which were shown to the police is also given in the petition. According to him, Nisha had dispatched four packages of dowry articles from Tezpur (Assam), the place of posting of the petitioner to the address of her father. In this regard, he has drawn my attention to a courier receipt (Annexure P7). He has further submitted that no gold ornament or other article of dowry is left to be recovered from the petitioner and there is no question of the petitioner paying Rs. 15.00 lakhs in lieu of the gold ornaments. According to him, such like condition cannot be imposed in a bail order as has been held by Hon'ble Supreme Court of India in Amarjit Singh Vs. State of NCT of Delhi,2009 13 SCC 769.