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Judgment
Jitendra Chauhan, J.—By filing the present petition u/s 438 of the Code of Criminal Procedure, the petitioner has sought pre-arrest bail in case FIR No.321 dated 26.7.2011, registered under Sections 406, 498A of the Indian Penal Code at Police Station Sector 34, Chandigarh. Vide order dated 1.5.2012, the matter was sent to Mediation and Conciliation Centre of this Court. However, the mediation could not succeed.
Heard.
There are specific allegation against the petitioner and his family members that they were demanding more dowry and have been given beatings to the complainant-wife.
On instructions from ASI Dilbag Singh, the learned State counsel informs that the dowry articles are yet to be recovered.
The Hon''ble Supreme Court in State Rep. by the C.B.I. Vs. Anil Sharma, has held as under:
The custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order u/s 438 of Cr.P.C.
In the present case, the custodial interrogation of the petitioner is required. Accordingly, no case is made out to grant pre-arrest bail to the petitioner.
Dismissed