IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.459 of 2008. Date of decision: 16.5.2008 Sanjeev Singh ………. Petitioner Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. J.L. Bhardwaj, Advocate. For the Respondent Mr. A.K. Bansal, Additional Advocate General. Kuldip Singh, Judge. (Oral) This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No.135 of 2007 dated 22.3.2007 registered at Police Station, Sundernagar under Section 498-A read with Section 506 IPC. The status report has been filed by the respondent. 2. Heard and perused the record. It has been submitted on behalf of the petitioner that the petitioner married to Smt. Kamla on 6.3.2003 and from their wedlock a daughter was born on 10.10.2004. The wife of the petitioner after the birth of the daughter had started living with her parents at Sundernagar and had visited to her in-laws only a few occasions. The wife of the petitioner had filed a complaint against him Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2 before H.P. H.P. State Commission for Women at Shimla which was closed by the commission. The petitioner has been falsely implicated in the case and he apprehends his arrest because of the registration of the FIR. The learned counsel for the petitioner has submitted that in pursuance to the order dated 9.5.2008 the petitioner has joined investigation on 11.5.2008 and thereafter he was not called by the Investigating Officer. No recovery is to be made from the petitioner, he is ready to join the investigation. The custodial interrogation of the petitioner in the facts and circumstances of the case is not required and therefore, the petitioner has prayed for releasing him on bail under Section 438 Cr.P.C. 3. The learned Addl. Advocate General has opposed the bail application and has submitted that petitioner is unnecessarily harassing his wife by demanding dowry. She has been given beatings. The petitioner has given threats to his wife to do away her life and because of such threats the wife earlier left the job but she has again joined service. The learned counsel for the petitioner has submitted that petitioner and his wife are living separately for the last about four years which fact has not been denied by the opposite side. No recovery is to be made from the petitioner. The petitioner has made out a case for grant of bail under Section 438 Cr.P.C. Accordingly application is allowed. The petitioner is ordered to be released on bail in the event of his arrest by Arresting Officer in FIR No.135 of 2007 dated 22.3.2007 registered at Police Station, Sundernagar under Section 498-A read with Section 506 IPC, on his furnishing personal bond in the sum of Rs.5,000/- with one surety of the like amount to the satisfaction of the Arresting Officer, subject to the condition that the petitioner shall continue to join the investigation as 3 and when called by the Investigating officer, he shall not hamper the investigation and tamper with the prosecution evidence in any manner. 4. The observations made in this order are for disposal of this application and these shall not be treated as expression of opinion on the merits of the case. Copy Dasti on usual terms ( Kuldip Singh) Judge May 16, 2008 (sks)