Asharfi (Smt.) and Another vs State of Rajasthan

Mahesh Bhagwati, J.—This order governs the disposal of bail application filed u/s 438 of Cr.P.C. by Mr. Rahul Tiwari Advocate on behalf of the applicants pertaining to F.I.R. No. 245/2009 of Police Station Tizara, Alwar in the offences Section 498A and 406 of IPC.

Heard learned Counsel for the petitioners, learned Counsel for the complainant as also the learned Public Prosecutor for the State and perused the relevant material available on record.

Learned Counsel for the petitioners has canvassed that they are being falsely implicated and are in no way connected with the commission of the alleged offences of the instant case. They have been living separately. Neither they asked for more dowry nor ever subjected the complainant to cruelty. It is falsely alleged that they gave beating to the complainant. All the dowry articles have been recovered by the police and no more recovery is required to be made, hence, they may be granted indulgence of anticipatory bail.

Learned Counsel for the complainant as also learned Public Prosecutor appearing for the State have opposed the bail petition but learned Public Prosecutor has fairly conceded that there is no specific allegation with regard to give beating to Usha on record. Both the sisters Usha and Kamla have been found to have sustained superficial injuries viz. pain.

Having considered the submissions made at the bar and perused the relevant material available on record, it is noticed that there is no specific allegation as to what dowry articles were entrusted to the petitioners and how they have committed breach of trust. With regard to cruelty, there is no specific allegation against the petitioners. Hence, I, without expressing any opinion on the merits of the case but keeping in view the facts, do feel that it is a fit case wherein petitioners can be granted anticipatory bail and the bail petition is ordered to be allowed.

Therefore, the SHO/I.O. of the Police Station Tizara, Alwar is directed that in the event of arrest of the petitioners namely Smt. Asharfi Devi W/o. Rajendra; and Rajendra S/o. Sh. Banwari Lal in FIR No. 245/2009 registered in the offences under Sections 498-A and 406 of IPC, he shall enlarge them on bail provided they furnish a personal bond each in the sum of Rs. 1,000/- with a surety bond each in the like amount, to his satisfaction on the following conditions:

(i) They shall make themselves available for interrogation by Investigating Officer as and when required:

(ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) They shall not leave India without the previous permission of the Court.

(iv) They will not commit any offence during the period of bail.