Rule.
Learned A.P.P. Mr. Himanshu Patel waives service of rule on behalf of respondent State.
2. This application is filed by the applicants under Section 438 of the Code of Criminal Procedure apprehending their arrest in connection with F.I.R. being C.R. No. I-88 of 2011 registered with Jawaharnagar Police Station, Vadodara City, on 29.10.2011 for the offence punishable under Sections 323, 406, 498(A), 504, 506(2) r.w.s. 114 of the Indian Penal Code and under Sections 3 and 7 of Dowry Prohibition Act.
3. Heard learned advocate Mr. Mehta for the applicants and learned A.P.P. For the respondent State. The following points are considered.
[a] The applicants are sister-in-law and brother-in-law of the victim residing separately;
[b] The alleged incident occurred between 19.2.2007 and 9.7.2011 and FIR is lodged on 29.10.2011;
[c] The only allegation is that accused No. 1 after telephonic talks with the applicants, demanded dowry and harassed the victim;
[d] No specific allegations are made against the applicants;
[e] Applicant No. 1 is serving as police at Ghaziabad;
[g] The alleged incident occurred at Vadodara.
4. In view of above, the application is allowed. In the event of arrest of the applicants in connection with the FIR being C.R. No. I-88 of 2011 registered with Jawaharnagar Police Station, Vadodara City, on 29.10.2011, for the offences alleged against them, the applicants shall be released on bail on each executing bond of Rs.10,000/- [Rupees ten thousand only] each with one surety of the like amount on the following conditions that they shall:
co-operate with the investigation and make themselves available whenever required;
remain present before the concerned Police Station on 21st May, 2012 between 11.00 a.m. and 5.00 p.m.;
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;
at the time of execution of bond, shall furnish 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;
not leave India without the permission of the Court and, if holding Passport, surrender the same before the trial Court immediately;
5 Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. Learned Magistrate shall 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.
6. Rule made absolute to the aforesaid extent. Direct service is permitted.
[BANKIM N. MEHTA, J.] (pkn) Top