- (1.) The petitioner, by way of instant petition under Section 438 Cr.P.C., seeks pre arrest bail in the case arising out of FIR No.91 dated 31.5.2012, under Sections 406-498-A IPC, registered at Police Station City Kharar,Distt. S.A.S. Nagar, Mohali.
(2.) Learned counsel for the petitioner, vehemently contended that the petitioner has been falsely implicated in the present case. No offence is made out against the petitioner. He further submits that as nothing is to be recovered from the petitioner, his custodial interrogation is not required. Referring to a communication dated 20.8.2009 (Annexure P-2), learned counsel for the petitioner submits that the impugned allegations are nothing, but an after thought and the present petition deserves to be accepted.
(3.) Having heard the learned counsel for the petitioner and after going through the record of the case, this court is of the considered opinion that present one is not a fit case for extending the benefit of pre-arrest bail to the petitioner. I say so for more than one reasons, being recorded hereinafter. Firstly, the petitioner is the main accused being husband of the complainant. Secondly, there are specific and repeated allegations levelled against the petitioner in FIR. Even the date and time has also been pointed out. Thirdly, since the recovery is to be effected from the petitioner, his custodial interrogation would be the compulsive necessity of the investigating agency.;