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Judgment
19 paragraphs · 374 wordsJ.P.Gupta, J
This is first bail application filed by the applicant/accused under Section 438 of Cr.P.C for grant of anticipatory bail, who is apprehending his arrest in
connection with Crime No. 66/2020 registered at Police Station Mahila Police Station, District Bhopal for the offence punishable under Section 498-A
of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961.
Allegation against the applicant is that he is husband of the victim and he subjected her wife to cruelty in connection with demand of dowry.
It is submitted that the applicant is innocent. His arrest is not required for the purpose of investigation and co-accused persons have been enlarged on
anticipatory bail. Allegation against the applicant and other accused persons more or less are same and the report has been lodged after three months
of the incident. There is no specific averment with regard to cruelty. There is a general allegation. In this case, it cannot be said that there is no
possibility of settlement. In the circumstances, if the applicant is arrested, possibility of reunion would be less. Therefore, in the interest of justice,
applicant be released on anticipatory bail.
Learned P.L., opposed the application and prayed for rejection of the same. Having considered the contentions of learned counsel for the parties,
facts and circumstances of the case, perusing the record, without commenting anything on the merits of the case, in view of this court, the applicant is
entitled to get benefit of anticipatory bail. Hence, this application is allowed. It is directed that in the event of arrest or surrender of applicant Abhijit
Nahata before the Arresting Authority / Investigating Officer in relation to aforementioned Crime number, within a period of 15 days from today, he
shall be enlarged on anticipatory bail on his furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety in the like amount to the
satisfaction of the Arresting Authority/Investigating Officer. If he failed to do so, the effect of this order shall be vacated automatically.
The applicant/accused is directed to join the investigation immediately and fully co-operate with the investigation. He shall further abide by the other
conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.