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Judgment
26 paragraphs · 440 wordsAnil Verma, J
The applicant apprehends arrest in connection with the offence punishable under section 498-A, 34 and 323 of IPC registered as crime No. 260/2021
at police station Kotwali Agar District Agar
Learned counsel for the applicant submits that applicant is the husband of complainant and omnibus allegation of dowry demand and cruelty has been
made against the applicant. He is falsely implicated in this case. The complainant was not residing with the applicant and upon similar allegation, trial
court granted anticipatory bail to co-accused Nirbhay Singh and Shyamu Bai. The complainant has sustained only simple injury. In such
circumstances, the applicant be granted anticipatory bail.
On the other hand, learned Government Advocate for respondent/State opposed the prayer and prayed for its rejection by contending that on the basis
of allegation and material available on record no case for anticipatory bail is made out.
Considering the nature of allegations and the fact that the marriage of applicant with complainant had taken place about 9-10 years back and they had
three children out of the said wedlock and arrest in matrimonial offences of this nature may diminish possibility of any settlement in future, the other
two accused persons have been released on anticipatory bail by the trial court, this Court is inclined to extend the benefit of interim anticipatory bail to
the applicant.
Accordingly, without expressing opinion on merits of the case, I deem it appropriate to allow the application.
It is hereby directed that in the event of arrest in crime No. 260/2021, the applicant shall be released on bail till final disposal of the present case on
furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of Arresting
Authority or trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
The applicant will comply with all the terms and conditions of the bond executed by him;
The applicant will cooperate in the investigation/trial, as the case may be;
The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
The applicant will not seek unnecessary adjournments during the trial; and
The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the concerned Court and police station concerned for compliance.
Certified copy as per rules.
