Mere non-recovery of some disputed dowry items cannot by itself be ground for denial of bail u/s 498-A of IPC, reiterates Punjab & Haryana HC

Read Order: Kuwarpal Singh Vs. State Of Punjab 

Tulip Kanth

Chandigarh, January 21, 2022: Referring to the judgment of the Apex Court in Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice, the Punjab & Haryana High Court has reiterated that mere non-recovery of some disputed dowry items cannot by itself be a ground for denial of bail u/s 498-A of IPC.

The Bench of Justice Manjari Nehru Kaul was hearing a petition filed u/s 438 of Cr.P.C. for grant of anticipatory bail to the husband, in the case pertaining to Sections 498-A, 406 and 506 of IPC and Section 4 of the Dowry Prohibition Act, 1967 registered at Police Station City-1, Abohar.

The counsel for the petitioner contended that the complainant-wife was unable to adjust in her matrimonial home with her husband i.e., the petitioner due to temperamental differences and only after 18 days of the marriage between the parties, she left her matrimonial home. It was submitted that it was in this above background, a false and fabricated case had been foisted upon the petitioner and his parents.

It was further put forth by the counsel that the parents of the petitioner had since been extended the concession of anticipatory bail. It was also submitted that in compliance of an interim order dated September 23, 2021 , the petitioner had joined the investigation and cooperated with the investigating agency.

Without disputing the factum of the petitioner having joined the investigation, the State counsel,  however, submitted that few dowry articles had not yet been recovered.

But, petitioner’s counsel vehemently opposed the submissions made by the counsel opposite by urging that all dowry articles stood duly returned and he was no longer in possession of any of the complainant’s jewellery.

“Mere non-recovery of some disputed dowry items cannot by itself be a ground for denial of bail as has also been observed by the Hon’ble Supreme Court in case Writ Petition (Civil) No. 73 of 2015, titled as ‘Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice’ decided on 14.09.2018”, said the Bench.

Thus, allowing the instant petition, the High Court made the interim order absolute subject to the conditions laid down in Section 438(2) of Cr.P.C.