This application is filed under Section 438 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.123/2011 with Shihori Police Station, Banaskantha for the offences punishable under Sections 307, 342, 323, 498(A), 114 and 506(2) of the Indian Penal Code and under Sections 3 and 7 of the Prohibition of Dowry Act.
Learned Counsel for the applicants submits that the applicant No.1 is the father-in-law of the complainant and applicant No.2 is the nephew of the applicant No.1. The applicant No.1 is a Government employee in the Health Department as is the father of the complainant. It is also an admitted fact that the complainant had stayed separately for about 1.5 years after marriage. It is submitted that allegedly the applicant No.1 made a demand of Rs.5,00,000/= from the complainant, after the delivery of her child but at the time of occurrence of the incident on 17.11.2011, the applicant No.1 was not present at the scene and the applicant No.2 was residing at another place alongwith his father and mother. It is also submitted that as per the complaint, the present applicant No.1 telephonically intimated the husband of the complainant and thereafter, the husband and mother-in-law of the complainant are alleged to have beaten the complainant and caused injuries. However, as the other accused are released on bail, it is submitted that the applicants may be granted anticipatory bail.
Heard learned APP Mr. L.B. Dabhi for the respondent-State.
Having heard learned Counsels for the parties and taking into consideration the facts of the case, I am inclined to grant anticipatory bail to the applicants. This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Stalingappa Mhetre v. State of Maharashtra & Ors. reported in [2011]1 SCC 694, wherein the Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported in [1980]2 SCC 565.
Learned Counsels for the parties do not press for further reasoned order.
In the result, this application is allowed by directing that in the event of the applicants herein being arrested pursuant to FIR being I-C.R. No.123/2011 with Shihori Police Station, Banaskantha, the applicants shall be released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) EACH with one surety of like amount on following conditions :-
(a) shall cooperate with the investigation and make themselves available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 13th APRIL, 2012 between 11.00 am to 2.00 pm;
(c) shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them from disclosing such facts to the Court or to any Police Officer;
(d) shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;
(e) will not leave India without the permission of the Court and, if is holding a Passport, shall surrender the same before the trial Court immediately;
(f) It would be open to the Investigating Officer to file an application for remand, if he considers it just and proper and the concerned Magistrate would decide it on merits.
(g) despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicants. The applicants shall remain present before the learned Magistrate on the first date of hearing of such an application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if ultimately granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicants, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.
Rule made absolute. The application is disposed of accordingly. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top