This Court (Coram:Anant S Dave,J) granted interim relief in favour of the present applicants no.2 to 5 vide order dated 13.3.2012 passed in Criminal Miscellaneous Application No.2165 of 2012. In view of the above, learned advocate for the applicants does not press this application qua applicants no.2 to 5.
This Application is filed by the applicants under Section 438 of the Code of Criminal Procedure in connection with CR No.I-30 of 2012 registered with `B' Division Police Station, Mehsana for the offences punishable under Sections 498-A and 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.
Heard learned Counsel for the parties. Learned Counsel for the parties do not press for further reasoned order.
The marriage of the applicant with the complainant took place before seven years. This Court has gone through the complaint filed by the complainant. It is specifically mentioned in the complaint that the complainant left the matrimonial house in May, 2010. This notice is dated 5.1.2012 and the reply to the notice is dated 21.1.2012. In reply also, it is mentioned by the applicant that she left the house in 2010 and she did not turn up, whereas in the complaint it is alleged that before 10 days, she came to the house and thereafter she was driven out from the house.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the above narrated facts of the case, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Apex Court in the case of Siddharam Satlingappa 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.
In the event of arrest of the applicant no.1 in connection with CR No.I-30 of 2012 registered with `B' Division Police Station, Mehsana for the offences alleged against him, he shall be released on bail on executing a bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the like amount on the following conditions that he shall:
a) co-operate with the investigation and make himself available whenever required;
b) remain present before the Investigating Officer, `B' Division Police Station, Mehsana on 21.3.2012 at 11.00 am.;
c) 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 for disclosing such facts to the Court or to any Police Officer;
d) at the time of execution of bond, he shall furnish his 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) not leave India without the permission of the Court and, if is holding a Passport, surrender the same before the trial Court immediately;
It would be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the competent Court would decide it on merits.
At the trial, the Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
The applicant is permitted to obtain regular bail as per the established provision of law, within suitable time. Rule made absolute.
Direct service is permitted.
( M.D.Shah, J ) srilatha Top