In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 31609 of 2011(O&M) Date of Decision: December 13, 2011 Yogesh Sharma ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr.Anil Chaudhary Advocate for the petitioner Mr. A.S.Brar. Sr. DAG, Punjab *** Gurdev Singh, J. Heard. This petition under Section 438 of the Code of Criminal Procedure has been filed by Yogesh Sharma, petitioner-accused, for grant of anticipatory bail in FIR No. 3 dated 9.9.2011 registered under Sections 406 and 498-A IPC in Police Station Women Cell, Ludhiana. He was allowed interim anticipatory bail by this Court, vide order dated 18.10.2011 subject to the conditions contained in sub section 2 of the said section. On 23.11.2011, it was stated by the State counsel that the petitioner had joined the investigation but was required for further investigation. Today he has come up with the plea that the petitioner has refused to return the gold ornaments given to him at the time of marriage, Crl. Misc. No. M- 31609 of 2011(O&M) -2- but he has failed to substantiate that contention by the police diaries. Thereafter, he come up with the submission that the petitioner is a clever person, who has not disclosed the facts and as such his custodial interrogation is required. The police diaries were read by him in the Court and it is very much clear from that, that questionnaires were put to the petitioner and he replied all those questions. There is no such question, so posed to him, which was not answered by him. The Investigating Agency, in order to cover its own lapses, wants to have the custodial interrogation of the petitioner and the facts of the case are not such that his custodial interrogation is required. Accordingly, order dated 18.10.2011 is hereby made absolute subject to the conditions contained in Section 438(2) Cr.P.C. Petition is disposed of accordingly. (GURDEV SINGH) JUDGE December 13, 2011 PARAMJIT