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Judgment
Rajiv Bhalla, J.—Prayer in this petition is for grant of regular bail in case FIR No. 80 dated 23.5.2006, registered under Sections 406/498-A of the Indian Penal Code at Police Station Kalayat, Distt. Kaithal.
The present FIR has been lodged by the petitioner''s wife leveling allegations of misappropriation of dowry and cruelty. The petitioner has been behind bars since 30.5.2006.
Counsel for the petitioner contends that the present FIR was lodged as a counter blast to the petition for divorce filed by the petitioner. It is further stated that the petitioner and his brother are married to two sisters. The complainant''s sister has also lodged an FIR.
Counsel for the respondent on the other hand contends that as the offences are under Sections 406/498-A of the IPC, the petitioner should not be released on bail.
I have heard learned counsel for the parties and perused the paper book.
The petitioner has been behind bars since 30.5.2006. The correctness of the allegations in the FIR would be determined by the trial Court. The petitioner has filed a petition for divorce.
Counsel for the respondent has not expressed any apprehension that if released on bail, the petitioner would in any manner subvert the trial and/or try to win over the witnesses.
In view of the aforementioned facts, further incarceration of the petitioner is unwarranted. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Kaithal.
Nothing stated herein shall be construed to be an expression of opinion on the merits of the case.
Petition allowed.