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2024 DIGILAW 724 (SC)

HARJYOT SINGH MALHOTRA v. STATE OF JHARKHAND

2024-07-29

SANJAY KUMAR, SANJIV KHANNA

body2024
ORDER Leave granted. 2. The appellant, Harjyot Singh Malhotra, applied for anticipatory bail in connection with Complaint Case No. 3841 of 2018, in which cognizance has been taken under Sections 498A and 34 of the Indian Penal Code, 1860 [“IPC”, for short] and Sections 3 and 4 of the Dowry Prohibition Act, 1961 [“1961 Act”, for short.]. 3. The marriage was solemnized in the year 2015. Earlier complaint was withdrawn by the complainant, stating that talks for compromise inter-se the parties have failed. 4. Having regard to the facts and circumstances of the case, we feel that the appellant, Harjyot Singh Malhotra, has made out a case for anticipatory bail. We, accordingly, accept the present appeal and direct that in the event of the appellant, Harjyot Singh Malhotra, being arrested in connection with Complaint Case No. 3841 of 2018, instituted under Sections 498A, 323, 504, 307, 379, 494, 406 and 34 of the IPC and Sections 3 and 4 of the 1961 Act, he shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be fixed by the trial court. The appellant, Harjyot Singh Malhotra, in addition, shall comply with the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973. Recording the aforesaid, the impugned order is set aside and the appeal is allowed. We clarify that the observations made in this order are for the purpose of disposal of the present appeal and would not be construed as findings and observations on the merits of the case. Pending application(s), if any, shall stand disposed of.