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Judgment
M. K. Thakker, J
In the facts and circumstances of the case, Rule. Learned Additional Public Prosecutor Mr.Bhargav Pandya waives service of notice of Rule on behalf of respondent-State.
The applicants have prayed for transit anticipatory bail in connection with First Information Report No.19/23 registered on 10.02.2023 with Alipore Police Station, Kolkata for the offences under Sections 34, 498A, 406 and 506 of the Indian Penal Code, 1860 read with Sections 3 and 4 of Dowry Prohibition Act.
As per the allegations in the F.I.R. which is filed by one Shakshi Mansukhani Khemka that she got married with Rishi Manojbhai Mansukhani in the year 2018. It was alleged that, soon after the marriage, demands of dowry were made by accused and accused tortured the complainant and asked her to leave her matrimonial home, as a result of which, the complainant left her matrimonial home. It was further alleged in the complaint that, Rishi Mansukhani is having relationship with other women and that he abandoned the complainant. In these background facts, the F.I.R. is filed.
Learned counsel Mr.Tattvam Patel for the applicants submitted that the complainant left her matrimonial home on her own on 14.03.2019. He submitted that, for last more than 4 years, she has not visited her matrimonial home even for once and suddenly after 4 years, she filed impugned complaint clearly with a view to pressurize the applicants and their family members to come to a settlement with her and to satisfy her demands which she has made in lieu of giving divorce to Rishi Khemkani. He further submitted that, the applicants are innocent persons who have not committed any offence much less offences mentioned in the F.I.R. and they are falsely implicated in the alleged offences. He further submitted that, the applicants are very well reputed persons of society. He further submitted that, the applicants have very strong roots in the society. Hence, there is no likelihood of their fleeing away from justice. He further submitted that, pursuant to the notice issued under Section 41A of the Cr.P.C., the applicants had also appeared and recorded their statements. Thereafter, the impugned F.I.R. was lodged. Learned counsel submitted that the applicants are intended to take out legal proceedings in relation to the F.I.R. and apprehending their arrest pursuant to the F.I.R., however it was submitted that the proceedings could be lodged before the competent court in the State of West Bengal only as the F.I.R. is registered at Kolkata. It was prayed that unless interim anticipatory bail is granted, forced arrest of the applicants would frustrate their legal rights and remedies.
Having considered the submissions and F.I.R. and the nature of offence as also considering the fact that the applicants have right to seek their remedy, but for that they have to approach competent court in the State of West Bengal, transit bail deserves to be granted.
It is accordingly ordered that applicants shall not be arrested in connection with First Information Report No.19/23 registered with Alipore Police Station, Kolkata, for a period of two weeks or till the application of the applicants is considered by the competent court in the State of West Bengal in connection with the aforesaid First Information Report, whichever occurs earlier.
During the period of transit anticipatory bail granted above, the applicants shall abide by law and shall not misuse liberty in any way.
This application is allowed as above. Rule is made absolute to the aforesaid extent. Direct service is permitted.