Bhagwan Singh vs State Of Rajasthan

Heard learned counsel for the parties and also perused the material on record.

The petitioner apprehends his arrest in connection with FIR No.77/2019 of Police Station Mahila Thana District Hanumangarh for the offence punishable under Section 498-A, 406, 323, 377, 354 IPC. He has preferred this anticipatory bail application under Section 438 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegations of cruelty and harassment for dowry against the petitioner are absolutely false. It is submitted that the marriage of the petitioner and the complainant was solemnized on 07.06.2014 and out of their wedlock one child was born. It is also submitted that at the time of their marriage, the petitioner had not demanded any dowry and he accepted whatever was given by her in-laws. It is further submitted that there was some minor dispute between the petitioner and the complainant as the complainant was having objection about the visit of the petitoner to the house of his mother who was living separately. It is submitted that earlier the complainant had assaulted the petitioner and for that the petitioner filed a complaint at Police Station Rajgarh, District Churu on 23.08.2018 and thereafter the relatives of the complainant and petitioner had intervened and settled the matter amicably. At that time the complainant gave in writing in the Police Station, Rajgarh that she would not misbehave with the petitioner or his family members and would not threat them to commit suicide and would also treat them properly. It is also submitted that soon thereafter again the complainant started troubling to the petitioner and his family members and ultimately she left the house of the petitioner. The petitioner thereafter moved an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. It is submitted that later on, the complainant started living with the petitioner but after some time again she left the house of the petitioner, and son of the petitioner remained with him. The complainant had approached the concerned Court for the purpose of custody of son and the son was handed over to the complainant.

Learned counsel for the petitioner has submitted that now the complainant filed this false FIR against the petitioner levelling false allegations of harassment for dowry and cruelty and misappropriation of Streedhan. It is also submitted that the petitioner has already joined the investigation and the items belonging to the complainant have already been returned. It is further submitted that the petitioner is a Constable in Rajasthan Police and if he is arrested, then the service carrer of the petitioner will be affected.

Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances of the case and the material available on record particularly the statements recorded by the police wherein one thing is clear that at the time of their marriage, the petitioner had not demanded any dowry and dispute between him and his wife is going on since long in which once the complainant gave in writing that she would not harass the petitioner and his family members in future, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C.

Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner Bhagwan Singh S/o Hajari Lal in FIR No.77/2019 of Police Station Mahila Thana District Hanumangarh he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

(i) He shall make himself available for interrogation by Investigating Officer as and when required;

(ii) He 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) He shall not leave India without the previous permission of the court.