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Bail App No 135 of 2017J.P.S.TejiUdit Raj Poonia vs State (Govt of NCT Delhi)IPC 498A, IPC 406, IPC 34

IO Required to Apply Mind/Decide if custody required for Recovery. The Bail Application Ought not to be Rejected for Settling the Scores Between the Parties

(1) Certain directions were issued by the Honíble Apex Court in the case of Joginder Kumar (supra) regarding arrest to be made by the police officers. It has been observed that the police officer must justify the arrest after arriving at a reasonable satisfaction after investigation as to the legitimacy of the complaint. The said judgment has been relied upon in the case of D.K. Basuís case (supra) in which guidelines regarding arrest, investigation and interrogation of an accused have been issued such as manner of arrest, right of an accused during arrest, investigation and interrogation, his right to be medically examined and to be counselled by his lawyer during the period of investigation. Several precautions have been issued by the Honíble Apex Court after the arrest of an accused by the above said judgments.

(2) 23. This Court is of the considered opinion that in matters of matrimonial cases, the Investigating Officer is required to first make out whether any article is to be recovered. In case, he is of the view that any article is to be recovered then he is to decide whether the custodial interrogation of any of the accused is required for the purpose of recovery of article. Without reaching to the conclusion with regard to recovery of article, whether it is stridhan article or any other article, the Investigating Officer is not to arrest the person for the recovery of the same.

(3) Similarly, the bail application ought not to be rejected for settling the scores between the parties.

(4) In view of the above discussion, facts and circumstances of the case and the parameters laid down above, this Court is of the considered opinion that the bail should be granted to the applicant and the instant bail application is allowed. He is further directed not to leave the country without prior permission of the court concerned.