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2007 DAILYLAW 2489 (DEL)

RESHMA W/O MOHD AKRAM v. STATE THROUGH Govt. OF NCT OF DELHI

2007-10-01

V B Gupta

body2007
V. B. GUPTA, J. ( 1 ) PRESENT petition has been filed under Section 439 (2) read with Section 482 Cr. P. C. for cancellation of the anticipatory bail granted to the respondents vide order dated 6th December, 2006. ( 2 ) IT has been contended by learned counsel for the petitioner that the petitioner was being treated with cruelty by the respondents and as such a complaint was lodged with CAW Cell. The respondents returned some of the articles to the petitioner but did not return the cash and jewellery and in spite of that the respondents were admitted on anticipatory bail. After release on anticipatory bail, they had continued threatening the petitioner on telephone as well as by sending different persons to her place. Hence the bail granted to the respondents should be cancelled. ( 3 ) ON the other hand, it has been contended by learned counsel for the respondents that the bail was granted by the Addl. Sessions Judge after hearing the counsel for the present petitioner also. The petitioner has made vague allegations and has not specifically mentioned as to what threat has been extended by which of the respondents. ( 4 ) WHEREAS, learned counsel for the State contended that the complaint given by the complainant with regard to the threat given to her by the respondents, have been enquired and on inquiry it is noticed that the complainant has not given any specific date or time of threat. ( 5 ) THE present respondents were granted anticipatory bail vide order dated 6th December, 2006 passed by the Addl. Sessions Judge and at that time the counsel for the present petitioner was also present and he opposed the bail on the ground that recovery is yet to be effected whereas, plea on behalf of the respondents was that the articles have already been returned. ( 6 ) CONSIDERING the facts and circumstances of the case, the respondents, who are the relatives of the husband of the petitioner were granted anticipatory bail and were directed to join investigation as and when directed. There is nothing on record to show that they ever misused the bail granted to them. ( 7 ) NOW, vague allegations have been made in this petition and furthermore, in the complaint made to the police also, no specific date or time has been mentioned. There is nothing on record to show that they ever misused the bail granted to them. ( 7 ) NOW, vague allegations have been made in this petition and furthermore, in the complaint made to the police also, no specific date or time has been mentioned. ( 8 ) UNDER these circumstances, I do not find any ground for cancellation of bail of the respondents 2 to 7. ( 9 ) HENCE, the present petition is, hereby dismissed.