IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-26190 of 2009 (O&M) Date of decision : 6.10.2009 Kamlesh ....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Dinesh Arora, Advocate for the petitioner. Mr.Harbhajan Singh Sran, Addl.A.G., Haryana for the State. .... MAHESH GROVER, J. This is a petition under Section 438 Cr.P.C. praying for release of the petitioner in terms thereof in a case registered vide FIR No.5 dated 6.1.2009 under Section 498-A IPC at Police Station Sampla (Rohtak). It is contended by the learned counsel for the petitioner that he is facing the allegations under Section 498-A IPC and that there is no averment in the FIR regarding entrustment of dowry articles. Even otherwise the allegations pertain to the year 2005 and the FIR has been registered in the year 2009. On the other hand, learned counsel for the State has not been able to deny that the allegations pertain to the year 2005. He, however, states that the petitioner is now trying to wriggle Crl.Misc.No.M-26190 of 2009 (O&M) -2- out of the marriage after denying the factum of marriage. After hearing the learned counsel for the parties and having regard to the fact that the allegations pertain to the year 2005 and broadly are regarding the ill-treatment meted out to the complainant and that there is no allegation of entrustment of dowry, I deem it appropriate to accept the present petition. Consequently, the petition is allowed and it is directed that in the event of his arrest, the petitioner shall be released on anticipatory bail to the satisfaction of the Arresting/Investigating Officer subject to the condition that he shall comply with the provisions of Section 438(2) Cr.P.C. 6.10.2009 (MAHESH GROVER) JUDGE dss