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2019 DIGILAW 1661 (RAJ)

Natha Ram v. State of Rajasthan Through Public Prosecutor

2019-05-27

VIJAY BISHNOI

body2019
JUDGMENT : 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record. 2. The petitioner apprehends his arrest in connection with FIR No. 06/2019 of Women Police Station, District Jodhpur for the offences punishable under Sections 498-A and 406 IPC. He has preferred this anticipatory bail application under Section 438 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that the son of the petitioner got married with the complainant on 25.03.2018 and after few days of marriage, both of them left for Pune where son of the petitioner is serving in a private company. Learned counsel for the petitioner has submitted that due to some differences between the son of the petitioner and the complainant, both of them started fighting with each other in Pune and in relation to that the matter was also reported to the police at Pune. Learned counsel for the petitioner has submitted that later on, since the dispute between the son of the petitioner and the complainant was not resolved, the complainant returned to her fathers house at Jodhpur and in December, 2018 filed complaint in the police alleging that her husband and the in-laws have harassed her for dowry. 4. Learned counsel for the petitioner has submitted that as a matter of fact soon after the marriage of son of the petitioner with the complainant, the complainant started living with the son of the petitioner at Pune, whereas the petitioner is serving in a private company at Bikaner and is residing there with his wife. It is argued that there was no occasion for the petitioner to demand dowry and harass the complainant for dowry or any other things. It is submitted that the petitioner has falsely been implicated in this case only because he is the father of the person, who got married with the complainant and a matrimonial dispute between them is going on. Learned counsel for the petitioner has also submitted that the petitioner made available himself before the police authority for the purpose of interrogation and as such no interrogation is required to be done from him and no recovery is to be affected from him. 5. Learned counsel for the petitioner has also submitted that the petitioner made available himself before the police authority for the purpose of interrogation and as such no interrogation is required to be done from him and no recovery is to be affected from him. 5. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application and argued that serious allegation of harassment has been levelled against the petitioner in the complaint itself. It is also submitted that the recovery of stridhan of the complainant is to be made from the petitioner and other co-accused persons, therefore, custodial interrogation of the petitioner is required. 6. Having regard to the totality of the facts and circumstances of the case and after perusing the case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C. 7. Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner - Natha Ram S/o Tila Ram in FIR No. 06/2019 of Women Police Station, District Jodhpur he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:- (i) He shall make himself available for interrogation by Investigating Officer as and when required; (ii) He 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 to any Police Officer; (iii) He shall not leave India without the previous permission of the court.