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Judgment
6 paragraphs · 274 wordsMr. Mohd. Safdar, Advocate, present for the applicants.
Ms. Mamta Joshi, Brief Holder, present for the State/respondent no. 1.
An FIR has been lodged by respondent no. 2 against the present applicants, which has been registered as Case Crime No. 02 of 2017 under Sections 498A / 323 / 504 and 506 of IPC and Section 3 / 4 of the Dowry Prohibition Act, at Police Station Chakrata, District Dehradun. After investigation, police submitted the charge-sheet against the present applicants. Consequently, the learned Magistrate took cognizance in the matter and issued summons to the present applicants. Hence, the present application under Section 482 of CrPC before this Court.
Learned counsel for the applicants submits that the applicants who have been named in the first information report are not residing in the matrimonial house of the complainant. In fact, they reside at Saharanpur.
Considering all these submissions of the applicants, however, this Court disposes of the present application filed under Section 482 CrPC with the liberty for
the applicants to appear before the court concerned where they would be at liberty to move an application for their discharge at an appropriate stage in accordance with law. Meanwhile, when the applicants appear before the court below, the bail application of the applicants shall be considered preferably on the same day itself in accordance with law and in case it is rejected or deferred, the court below shall consider granting an interim bail to the applicants. Applicants would also be at liberty to move an application under Section 205 of CrPC before the court below for grant of exemption for their personal appearance.