JUDGMENT 1. - This Anticipatory Bail Application has been filed by the jetitioner Inder Kumar apprehending his arrest in connection with F.I.R. No. 158/2014, Woman Police Station (West), Jodhpur for the offence under Sections 198-A, 406, 312,313, 377 and 2011.P.C. 2. Facts in brief are that the respondent No. 2 complainant Smt. Teena aged 12 years filed a complaint in the Court of Special A.C.J.M., PCPNDT Cases Jodhpur against the petitioner and his parents for the aforesaid offences on 9.9.2014. It was alleged in the complaint that the complainant knew the accused from before. The accused induced her to marry him. The complainant fell prey to the inducement given by the petitioner. Both of them performed on informal marriage ceremony at the Mahadev Temple, Kaylana in the presence of a priest. The priest made the petitioner and the complainant to exchange floral garlands and married them. The complainant made a query regarding the informal mode of marriage and the non-performance of Saptapadi on which the accused assured her that they would perform a proper marriage at a later date. The accused thereafter took the complainant to Udaipur for four days. The complainant informed her parents about her love marriage on which no legal action was taken by them. After coming back, the accused took the complainant to his house at Chopasni Housing Board, Jodhpur and thereupon accused Nos. 2 and 3 being the father-in-law and mother-in-law came to know of the marriage. They felt that the complainant's parents might oppose the marriage on which, initially they also do not support the marriage of the complainant with the accused. The accused Nos. 2 and 3 i.e. the parent of the accused started harassing the complainant saying that they were opposed to the inter-caste marriage and they would not permit the complainant to live in their house. She was told that marriage prospects of their daughter would be adversely effected in order to keep her presence a secret, the complainant was forced to live in a room located at the first floor of the house. She was not permitted to meet her parents. The complainant decided that she would take up a job in the Central Academy, Jodhpur but the accused denied her the permission to do so. Whenever she had to go out of house, she was made a leave from the backdoor so that the neighbours could not see her. She was not permitted to meet her parents. The complainant decided that she would take up a job in the Central Academy, Jodhpur but the accused denied her the permission to do so. Whenever she had to go out of house, she was made a leave from the backdoor so that the neighbours could not see her. The accused No. 1 i.e. the petitioner forced the complainant to procure a marriage certificate from the Municipal Board, Jodhpur by giving a false affidavit. The complainant was made to sign the documents without reading them. Thereafter, the accused hatched a conspires in order to have the marriage terminated. The accused Nos. 2 and 3 told the accuse No. 1 that their daughter had to be married and thus they should leave their house and go to live elsewhere. The petitioner-accused pressurised tin complainant and took her to live at Kudi Bhagtasni Housing Board. He used to assault the complainant under the influence of liquor. He also indulged in her character assassination and alleged that she was having relations with numerate boys. The accused Nos. 2 and 3 openly stated that the marriage would be had terminated and the petitioner accused No. 1 would be married with some other girl in order to get dowry. The complainant was told that she had enticed the petitioner into an intercaste marriage so that her parents could escape from giving dowry. The complainant was threatened not to even think of reporting matter to the police as the accused Nos. 1 and 2 were employed in the Rajasthan High Court and the police would not take any action against them. Th complainant became pregnant and got herself subjected to sonography. On this she came to know that she was carrying pregnancy of five weeks. The accuse: Nos. 2 and 3 also came to know of this fact. They came to the complainant's home on 9.5.2014 and instigated the accused No. 1 to get the complainant's pregnancy terminated. The complainant refused to accede to their demand. Of this the complainant was assaulted and was told that, if she was desirous of living in the matrimonial home she had to have the pregnancy terminated. Th accused petitioner knew that the complainant was pregnant and was ham trouble in establishing conjugal relations. Despite this he persistently forced the complainant to perform unnatural sexual intercourse. Of this the complainant was assaulted and was told that, if she was desirous of living in the matrimonial home she had to have the pregnancy terminated. Th accused petitioner knew that the complainant was pregnant and was ham trouble in establishing conjugal relations. Despite this he persistently forced the complainant to perform unnatural sexual intercourse. Whenever her in-laws i.e., the accused Nos. 2 and 3 visited her house, she used to complain about this conduct of the accused but they turned a deaf ear to her pleas. The petitions allegedly took the complainant to Sachdeva Hospital under the garb of getting her treated. There she was administered certain medicines due to which sh suffered miscarriage. She was admitted that the Kamla Nehru Hospital, Jodhpur The accused thereafter stopped attending to her. She informed her parents who came to the hospital and got the complainant treated. As soon as the complainant regained her health, the accused forcibly took her to his house.The complainant's parents took some sweets to the house of the accused or 17.9.2013 but they were abused. The accused refused to keep any terms with them. During the period of one year for which, the complainant stayed with the accused petitioner, he used to treat her with cruelty under the influence of liquor. She was not permitted to go to her parents' house and was kept locked in a room on the first floor. The accused Nos. 2 and 3 used to abuse the complainant and told that they would rest at peace only after having the marriage terminated. Foul language was used while addressing her. When the petitioner took her to stay at the House No. 8F-48, Kudi Bhagtasni Housing Board, she was not provided any household articles. She took up a job at the Central Academy and used to run the household with her salary. The petitioner did not give her money to spend on the day to day expenses. 3. On 27.8.2014 the accused Nos. 2 and 3 (father-in-law and mother-in-law) came to the complainant house at Kudi Bhagtasni and after conspiring with the accused No. 1, they took away her gold chain and ring. They hatched a plant entangle the complainant and her parents in a false case so that she could be prevented from taking legal action against the accused. 2 and 3 (father-in-law and mother-in-law) came to the complainant house at Kudi Bhagtasni and after conspiring with the accused No. 1, they took away her gold chain and ring. They hatched a plant entangle the complainant and her parents in a false case so that she could be prevented from taking legal action against the accused. The accused No. lie1 the materimonial home on 28.8.2014 and did not return thereafter. The Complainant searched for her husband at different places but could not locate s whereabouts on which she went to Police Station Kudi Bhagtasni for filing a missing person report. There she came to know that the accused petitioner had already filed a false case of dowry prohibition against her and her parents in order to save his skin. He created false evidence in order to file the said case. Whenever the complainant used to go to bathroom etc., taking advantage of her absence, the accused used to send message from her mobile to his mobile so that evidence could be created for filing the case. The complainant was living at her father's house since 28.7.2014. The accused was pressurising her to agree to divorced. Direct and indirect threats were given to the complainant so that she could be forced to divorce the petitioner. She was threatened that the accused had collected significant documentary evidence against the complainant and thus she would not be able to take any legal action against him. She also alleged that she came to know that the accused was married earlier too. He filed a false case of dowry harassment against his former wife. He created a blue film of the girl and forced her to agree to a divorce. The complainant thus alleged that the accused concealed the fact that he was married from before and was a divorce and thereby fraudulently induced the complainant to marry him and managed to have the marriage registered without performing Pheras. She was subjected to physical and mental cruelty. On 6.9.2014 the complainant demanded that her golden chain and a ring be returned back to her but the accused refused. 4. The complainant was forwarded to the Woman Police Station (West), lodhpur for investigation where, F.I.R. No. 158/2014 was registered. 5. She was subjected to physical and mental cruelty. On 6.9.2014 the complainant demanded that her golden chain and a ring be returned back to her but the accused refused. 4. The complainant was forwarded to the Woman Police Station (West), lodhpur for investigation where, F.I.R. No. 158/2014 was registered. 5. Before, that the accused appears to have developed some suspicion regarding the complainant's conduct on which he recorded her conversation and also saved some text messages sent by the complainant to him. Certain prints of her facebook account were also taken out. All this documentary evidence was submitted to the Investigation Officer who has taken it on record. The Investigation Officer upon concluding investigation found that the accused Nos. 2 and 3 (father-in-law and mother-in-law) were not involved in the case. offences under Sections 406, 312, 313, 377 and 201 I.P.C. were not found proved and only the offence under Section 498-A was found proved and that too against the present petitioner only. 6. The petitioner apprehending his arrest in the aforesaid F.I.R. applied to the learned Sessions Judge for grant of anticipatory bail. The application was dismissed by order dated 28.10.2014. Hence, the petitioner has approached this Court by way of the instant application for pre-arrest bail. 7. Mr. M.K. Garg learned Counsel for the petitioner vehemently contended that the petitioner has been falsely implicated in this case. The complainant performed an inter caste love marriage with the accused without her parent's consent and thus, there is no question of the accused demanding any dowry from her. The I.O., after conducting thorough investigation has found that the allegations of the complainant regarding the offences under Sections 406, 312, 313, 377 and 201 I.P.C. are not substantiated. He further submits that as a matter of fact, the complainant even after marrying the petitioner continued to carry on objectionable relations with other boys. The petitioner started suspecting her conduct on which he recorded some of the talks. The conversation details of the complainant with certain other boys have been submitted to the I.O. in form of a CD and its transcript. The accused was pressurised to transfer a sum of Rs. 50,000/- to the complainant father's bank account. He further contends that the F.I.R. has been registered in order to black mail the petitioner who is a Government employee. The accused was pressurised to transfer a sum of Rs. 50,000/- to the complainant father's bank account. He further contends that the F.I.R. has been registered in order to black mail the petitioner who is a Government employee. He thus, contends that ex-facie the allegations levelled by the complainant against the petitioner are patently false and the petitioner deserves to be granted anticipatory bail in this case. 8. Learned Public Prosecutor and the learned Counsel for the complainant have vehemently opposed the submissions advanced by the petitioner's Counsel. 9. The complainant's Counsel submits that the investigation is still at its inception. The complainant is yet in the process of providing evidence to the 1.0. to prove and establish that she was got aborted fraudulently by administering medicines without her consent. He further submits that the gold ring and chain of the complainant are yet to be recovered and thus, the petitioner does not deserve to be released on anticipatory bail. 10. I have considered the arguments advanced at the bar and have gone through the case diary. 11. The complainant was examined under Section 161 Cr.P.C. in connection with the investigation of the F.I.R. on 21.9.2014. In the said statement, she die not level even a fainest of allegation regarding the accused forcing her to indulge into unnatural sexual relations. She also did not allege that the petitioner ever demanded any dowry or valuable from her or harassed her on that count. The highest allegation levelled by the complainant in the statement is that her pregnancy was got aborted by administering drugs and the accused refused to return her gold chain and ring. The I.O. has not found the offences under Sections 406, 312, 313, 377 and 201 I.P.C. substantiated against the accused after thorough investigation. 12. Numerous neighbours of the house where the accused and complainant resided together were examined during the course of investigation. They stated that the petitioner used to go away to his job in the morning. Thereafter, the parents and brother of the complainant used to come to the house and returned back before the petitioner came back from his job. The witnesses also disclosed that the accused and the complainant used to quarrel with each other. A person named Sachin Singh was examined by the I.O. on 15.9.2014. He stated that the was knowing the complainant Teena for the last 7-8 years. The witnesses also disclosed that the accused and the complainant used to quarrel with each other. A person named Sachin Singh was examined by the I.O. on 15.9.2014. He stated that the was knowing the complainant Teena for the last 7-8 years. He participated in her marriage ceremony. He used to frequent the house of Inder after his marriage with Teena. Teena used to misbehave with Inder and his family members and demanded that he should live separately from his parents. Inder took a separate rented house at Kudi Bhagtasani. There also, the husband and wife used to quarrel with each other because Teena used to talk with other boys. He stated that he spouses stayed at his house for some time before shifting to the rental premises. The witness Chandra Prakash stated that owing to the quarrel of petitioner and the complainant, the father Laxmandas turned them out of his house. Similar deposition was given by Kuldeep Sen. The petitioner's bank statement was submitted to the I.O. in order to substantiate the plea that a sum of Rs. 50,000/- was withdrawn and was deposited in the complainant's father's bank account. Numerous text messages transmitted from the complainants mobile to the mobile phone of the accused have also been submitted to the 1.0. Language of the message clearly indicates that the complainant was pressuring the accused to cough up a sum of Rs. 50,000/- so as to bail out her father, who was suffering business losses. Transcription of certain conversations allegedly held between the complainant and some boys has also been placed on record with a recorded CD. Photographs of the complainant consuming liquor e also been submitted to the I.O. It is evident from the case diary that the , after thorough investigation has found a substantial part of the complainant's allegations unfounded. The complainant's allegations against the accused Nos. 2 and 3 Laxman and his wife Asha have been found to be false. The offences under Sections 406, 312, 313, 377 and 201 I.P.C. have been dropped from the case for lack of evidence. On going through the complainant's statement recorded under Section 161 Cr.P.C., it is evident that there is no specific allegation that the accused petitioner ever demanded any particular -king from her as dowry. The offences under Sections 406, 312, 313, 377 and 201 I.P.C. have been dropped from the case for lack of evidence. On going through the complainant's statement recorded under Section 161 Cr.P.C., it is evident that there is no specific allegation that the accused petitioner ever demanded any particular -king from her as dowry. It is not in dispute that the marriage between the accused and the complainant was an inter-caste love marriage and was performed against the wishes of the parents of both the spouses. The allegation that the accused harassed the complainant on account of demand of dowry is thus prima facie not palpable. Any comment on the merits of the case is likely to prejudice the investigation and trial. 13. In the totality of the facts and circumstances available on record but without commenting on the merits of the case, this Court is of the opinion that it a fit case for grant of anticipatory bail to the petitioner under Section 438 I.P.C. 14. Accordingly, the bail application is allowed and it is directed that in the pent of arrest of petitioner namely Inder Kumar in connection with F.I.R. No. p8/2014, Woman Police Station (West), Jodhpur he shall be released on bail; provided the furnishes a personal bond in the sum of Rs. 40,000/- along with two sureties of Rs. 20,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. 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 not leave India without previous permission of the Court. . Bail Application allowed. *******