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Judgment
Sudip Ahluwalia, J
This is a petition for anticipatory bail filed on behalf of the petitioner under Section 438 Cr.P.C. in case FIR No.92 dated 20.05.2020, under Sections 323, 377, 406, 498-A & 506 of the IPC, registered at Police Station Rajaund, District Kaithal (Annexure P-1).
Ld. State Counsel with reference to the observations noted in Para 3 of the last order dated 16.02.2021 submits, on instructions from SI Shamsher Singh, that Challan against the petitioner has already been presented on 21.01.2021, and therefore, his custodial interrogation is not required. Submits further that all the jewellery actually delivered by the complainant has been got recovered and that the submission now being raised on her behalf to the effect that 80 TOLAS of jewellery was delivered at the time of marriage, is false and her attempt is to falsely implicate the accused persons. Submits still further that when the recovered items in the form of two gold bangles, one kitty set, one ring, one pair of gold ear tops and one set of two bangles which are of silver, were recovered under the Memo dated 06.10.2020, she never made any complaint of any outstanding jewellery which remained to be returned back.
Be that as it may, as Challan against the petitioner has already been presented, there is no justification to send him in custody now. If he is guilty of any misappropriation/breach of trust, he will face the consequences after completion of trial.
In view of the above, the petitioner certainly appears entitled to be released on bail. He is, therefore, directed to surrender himself before the Ld. Court concerned within 7 working days till when the interim protection granted to him by the concerned Bench since 24.07.2020 will continue, after which he shall be released on regular bail, to the satisfaction of the Ld. Trial Court/Duty Magistrate.
Disposed off.