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Judgment
The applicant has filed this first bail application under section 438 of Cr.P.C. for grant of bail.
The applicant apprehends his arrest in connection with Crime No.230/2019 registered at Police Station Ambah, District Morena in relation to the offence punishable under Sections 498-A, 34, 313 of IPC.
As per prosecution story, complainant Vandana @ Arti Tomar made a written report at Police Station Ambah on 25.04.2019 alleging that her marriage was solemnized with accused Anil on 06.02.2018 as per Hindu customs. It is submitted that her father gave Rs. Five lacs and various items towards dowry in her marriage. It is also alleged that after engagement in May, 2017 accused Anil made physical contact and as a result she became pregnant. After marriage, her husband alongwith mother-in-law and sister-in-law forcibly get her aborted and started demanding dowry.
Learned counsel for the applicant submits that the applicant is husband and he has been falsely implicated in the matter. It is further submitted that the applicant belongs to a reputed family and if he is arrested, his image in the society would be ruined. It is further submitted that the dispute is between husband and wife and the entire family is involved. It is further submitted that co-accused Smt. Radha has already been enlarged on anticipatory bail by this Court vide order dated 19.06.2019 passed in M.Cr.C.No.23758/2019. Under these circumstances, prayed for anticipatory bail and seeks parity.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection.
Heard learned counsel for the parties and perused the case diary. Considering the facts and circumstances of the case and co-accused has already been given the benefit of anticipatory bail under Section 438 Cr.P.C., without commenting on the merits of the case, this Court deems it appropriate to allow this application under Section 438 of Cr.P.C. filed by the applicant.
It is hereby directed that in the event of arrest the applicant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer.
This order will remain operative subject to compliance of the following conditions by the applicant :-
The applicant will comply with all the terms and conditions of
The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C..
The applicant will not indulge himself in extending 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 the Police Officer, as the case may be ;
The applicant shall not commit an offence similar to the offence of which he is accused;
The applicant will not seek unnecessary adjournments during the trial; and
The applicant will not leave India without previous permission of trial Court/ Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Public Prosecutor for the State with a direction to keep the same in the concerned case diary.
Certified copy as per rules.