VIKRAM KHURANA @ VICKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to petition-Vikram Khurana @ Vicky, who has been booked for having committed the offences punishable under Sections 406 and 498-A, IPC, in a case arising out of FIR No.35, dated 27.03.2013, registered at Police Station, Women Cell, District Jalandhar.

(2.) Learned counsel for the petitioner contends that the petitioner has falsely been implicated in the case; that even if the whole case of the complainant is taken at its face value then also the mischief of Sections 406 and 498-A, IPC is not attracted in the present case; that as usual, the allegations were levelled not only against the petitioner but against all the family members; that the allegations against the other family members were found to be false, therefore, the very substratum of the allegations have collapsed. He also contends that an application under Section 125 Cr.P.C was filed by the complainant in the year 2009 and at that time, there was no such averment with regard to demand of dowry and harassment of the complainant at the hands of the petitioner and after three years, she became wiser and concocted the false story and lodged the present FIR. He also contends that without assigning good reasons, the learned Additional Session Judge, Jalandhar, has dismissed the petition for grant of anticipatory bail to the petitioner.

(3.) On the other hand, learned counsel for the State, on instructions from SI Raj Rani, Police Station, Women Cell, Jalandhar, very fairly concedes that during the course of investigation, it has no where come on record that the complainant had asked for returning of the alleged dowry articles from the petitioner and he refused to return the same. However, he has prayed for dismissal of the petition.