Rakesh Kumar And Others vs State Of Uttarakhand

Ravindra Maithani, J

Applicants seek anticipatory bail in Case Crime No. 373 of 2023, under Sections 323, 506, 498A IPC and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station Kotwali Roorkee, District Haridwar.

Heard learned counsel for the parties and perused the record.

According to the FIR, the applicant no.1 Rakesh Kumar and the informant married on 06.03.2024. According to the FIR, after marriage, the informant was harassed, tortured and continuously demanded dowry. She was beaten up also.

Learned counsel for the applicant would submit that it is a case, which has arisen from the matrimonial discord. There are immense chances of amicable settlement between the parties.

State was required to file objection, but it has yet not been filed.

Learned State counsel would submit that the investigation is still underway.

Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicants shall be enlarged on anticipatory bail subject to their furnishing a personal bond with two sureties by each one of them, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions:

(i) The applicants shall co-operate with the investigation.

(ii) The applicants shall not approach any witness in any manner, whatsoever.

(iii) The applicants shall not leave the country without prior permission of the concerned court.

(iv) The applicants shall deposit their passport with the AO. The passport may only be returned by the order of the court concerned. In case, the applicants do not have passport, they shall give an undertaking to that effect to the AO.

(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.