TaxTMI 
TaxTMI 
TaxTMI 
2022 (1) TMI 1394
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....54A, 354B, 406, 498A, 506, 509, 34 IPC. 2. The complainant gave a complaint against her husband Varun Soneja, respondent No. 2 herein, father-in-law Parveen Soneja, respondent No. 3 herein, mother-in-law Kiran Soneja, respondent No. 4 herein and brother-in-law Karan Soneja, respondent No. 5 herein, for offences under Sections 354, 354A, 354B, 406, 498A, 506, 509, 34 IPC. 3. In the complaint, the complainant has alleged that pursuant to her marriage to Varun Soneja, respondent No. 2 herein, who is the son of the respondent No. 3 and 4, she has constantly been harassed by her in-laws. It is alleged that all the articles given to her by her parents were taken away from her by her mother-in-law. It is also alleged that her father-in-law attem....
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....rs. The said reply also notes that the complainant was requested a number of times to provide bills of jewellery articles/dowry articles but sufficient bills have not been provided on the ground that the complainant does not have all the bills/documents. 6. Considering all the aspects, the learned Trial Court after observing that the I.O. had accepted the accused persons have joined investigation on many occasions; the fact that certain documents of stridhan articles claimed were not supplied by the accused persons despite notice under Section 91 CrPC; no articles of the complainant were found in the lockers of the accused; no ITR of the complaint's father for the relevant period was supplied; stridhan articles admitted by the accused ....
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....nts being affluent people are exerting pressure on the police to stall the investigation to be done in a fair and proper manner. He urges that the allegations contained in the FIR and the Section 164 Cr.P.C. statement are serious in nature and the investigating authorities have failed to factor into account the fact that the petitioner was given a stupefying substance by her father-in-law with the intention of having forceful intercourse with her. 9. It is contended that a major portion of stridhan items have not been returned by the Respondents and only a small portion of the articles, jewelry and other possessions have been given back. He states that during the time of the marriage, expensive gifts and branded merchandise were given by t....
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....ngs by the Petitioner. It is submitted that the respondent opened the bank lockers in the presence of the S.H.O./I.O. and no stridhan/jewelry of the Petitioner was found to be there. It is argued that the FIR filed by the Petitioner is the result of her being disgruntled, as her demands of expanding her jewelry business were not met with by the Respondents. 13. Heard Mr. K.K. Manan, learned Senior Counsel appearing for the Petitioner, Mr. Kamlesh Mahajan, learned counsel appearing for respondents No. 2-5, Ms. Kusum Dhalla, learned APP for the State, and perused the material on record. 14. The learned Trial Court has granted anticipatory bail to the accused after considering the statements of the accused to the effect that:- a) The accus....
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....rest by the learned Trial Court. 17. There is a significant difference between an order rejecting an application for bail and an order for cancellation of bail. An order rejecting a plea for bail in non-bailable offences is in the discretionary domain of the Court and such a case can be decided without delving into details, it can be rejected simpliciter on the gravity of the offence and the perception that liberty, if granted, will be abused by the accused. Whereas in the case of cancellation, the Court is called upon to extinguish the liberty that has been formerly granted. A Court must tread with utmost circumspection, and only after an in-depth examination of the situation and new emergent facts and on finding supervening circumstances....
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....usage of the High Court's inherent powers given under Section 482 CrPC. 19. An application for cancellation of bail is different from an application for grant of bail. While dealing with an application challenging the order granting bail, the Court has to see whether the order granting bail was vitiated by any serious infirmity or not. Ordinarily, High Court will not exercise its jurisdiction to interfere with an order of bail granted by Special Judge in favour of the accused if there is no serious infirmity in it. The order of the learned ASJ is a well reasoned order which does not require any interference from this Court. 20. As rightly noted by the learned Additional Sessions Judge while granting bail that if the complainant has an....