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2005 DIGILAW 935 (RAJ)

Laxmi Narayan v. State of Rajasthan

2005-03-29

NARENDRA KUMAR JAIN

body2005
JUDGMENT 1. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material/record of the case made available to me during arguments of the case. 2. The learned counsel for the petitioners submits that petitioner No. 1 Laxmi Narayan has already been arrested. Therefore, his bail application under Section 438 Cr.RC. has become infructuous. The bail application of petitioner No. 1 Laxmi Narayan is dismissed. 3. The learned counsel for the petitioner submits that this is one of the unusual case wherein complainant Smt. Suja Devi is living with her husband and no allegation has been alleged against husband but in the present case it has been alleged that family members of the husband are making demand of dowry. 4. I have heard learned counsel for the petitioner, the learned Public Prosecutor as well as learned counsel for the complainant and perused the case diary and without expressing any opinion into the merits and demerits of the case and looking to the facts and circumstances of the case, I am inclined to grant the bail application of the petitioner(s) under Section 438 Cr.RC. 5. Therefore, the SHO/I.O. of Police station Andhi District Jaipur is directed that in the event of the arrest of the petitioner(s) No. 2 Smt. Manphooli Devi W/o Shri Laxmi Narayan, No. 3 Ganga Sahai S/o Laxmi Narayan, No. 4 Ramesh S/o Laxmi Narayan, No. 5 Gulab Devi W/o Ganga Sahai and No. 6 Hira Devi W/o Ramesh in FIR No. 8/2005 registered under Sections 498-A, 406, 142 and 323 IPC he shall enlarge them on bail provided each of them furnishes a personal bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand) with one surety in the like amount to his satisfaction on the following conditions: (i) They shall make themselves available for interrogation by Investigating Officer as and when required : (ii) They shall not, directly (or indirectly), make any inducement, threat or promise to any person acquainted with the facts of case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) They shall not leave India without the previous permission of the Court. Application of L dismissed-Bail allowed to other petitioners. *******