Deepak S/o Sh. Omprakash Gaur vs State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

This anticipatory bail application has been filed by the

petitioner apprehending his arrest in connection with F.I.R.

No.339/2016, Police Station Nathdwara, District Rajsamand for

the offences under Sections 498A & 406 IPC and Section 4 of the

D.P. Act.

Learned counsel for the petitioner submits that the petitioner

is ready to make payment of interim maintenance to the tune of

Rs.5,000/- per month to his wife Smt.Monika Sharma but urges

that having regard to the entirety of facts and circumstances

available on record, the petitioner should be enlarged on

anticipatory bail.

Having regard to the facts and circumstances available on

record and having regard to the fair offer of interim maintenance

made on behalf of the petitioner, upon a consideration of the

arguments advanced at the Bar, this Court is of the opinion that it

is a fit case for grant of anticipatory bail to the petitioner under

Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed

that in the event of arrest of petitioner Deepak in connection with

F.I.R. No.339/2016, Police Station Nathdwara, District Rajsamand,

the petitioner shall be released on bail; provided he furnishes an

undertaking in the trial Court that he shall make payment of

interim maintenance to the tune of Rs.5,000/- to his wife

Smt.Monika Sharma the complainant by the 10 th day of each

month herein after and provided he furnishes a personal bond in

the sum of Rs.50,000/- along with two sureties of Rs.25,000/-

each to the satisfaction of the concerned Investigating

Officer/S.H.O. on the following conditions :-

(i). that the petitioner(s) shall make himself/herself/themselves available for interrogation by a police officer as and when required;

(ii). that the petitioner(s) 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 any police officer; and

(iii). that the petitioner(s) shall not leave India without previous permission of the court.

In case, the petitioner fails to make payment of interim

maintenance to the complainant in the above terms, the order of

anticipatory bail granted to him shall stand automatically

cancelled.

Copy of this order be forwarded to the complainant

forthwith.