Selvarajan @APPELLANT@Hash State Of Rajasthan And Ors

Petitioner has filed this bail application under Section 438 of Cr.P.C.

F.I.R. No.0082/2017 was registered at Police Station Mahila Thana, East, Jaipur for offence under Sections 498A, 406 I.P.C.

It is contended by the counsel for the petitioner that the petitioner in pursuance of the direction of the Court has appeared before the Investigating

Officer. Whatever belongings of the complainant were with him he has returned. It is also contended that marriage of petitioner with the complainant

took place on 2.11.2016. Thereafter they went for honeymoon to Maldives. Complainant initially went to Malaysia and then returned to Chennai and

thereafter returned from Chennai to Jaipur on 25.12.2016. He again went to Chennai and returned from there to Jaipur on 15.1.2017. FIR was lodged

on 20.05.2017. It is contended that there is allegation in the FIR with regard to impotency of the petitioner and that may be reason why the

complainant is not ready to live with her husband. It is contended that the baseless allegation of demand of dowry has been levelled against all the

family members. The marriage in this case took place through Bharat Matrominial. It is also contended that the petitioner has moved a petition for

divorce in Chennai and has also sent an e-mail that he is ready to pay a huge sum for one time settlement in the matter.

Complainant’s father, who is appearing in person and learned Public Prosecutor have opposed the bail application. It is contended that the entire

dowry articles have not been returned. It is also contended that the petitioner is a resident of Chennai and is working abroad and chances of his

appearing before the police and Court are remote.

I have considered the contentions.

Considering the contentions put-forth by the counsel for the petitioner taking note of the fact that the petitioner has appeared before the

Investigating Officer, custodial interrogation of petitioner is not required , I deem it proper to allow the anticipatory bail.

The Anticipatory Bail Application is allowed. The S.H.O./I.O./Arresting Authority, Police Station Mahila Thana East, Jaipur , in F.I.R.

No.0082/2017, is directed that in the event of arrest of the petitioner he shall be released on bail, provided he furnishes a personal bond in the sum of

Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to his satisfaction on the following conditions:-

(I). that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii). that the petitioner 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 shall leave India after permission of the Court.