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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with F.I.R.
No.339/2016, Police Station Nathdwara, District Rajsamand for the offences under Sections 498A & 406 IPC and Section 4 of the D.P. Act.
Learned counsel for the petitioner submits that the petitioner is ready to make payment of interim maintenance to the tune of Rs.5,000/- per month to his wife Smt.Monika Sharma but urges that having regard to the entirety of facts and circumstances available on record, the petitioner should be enlarged on anticipatory bail.
Having regard to the facts and circumstances available on record and having regard to the fair offer of interim maintenance made on behalf of the petitioner, upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.
Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Deepak in connection with F.I.R. No.339/2016, Police Station Nathdwara, District Rajsamand, the petitioner shall be released on bail; provided he furnishes an undertaking in the trial Court that he shall make payment of interim maintenance to the tune of Rs.5,000/- to his wife Smt.Monika Sharma the complainant by the 10 th day of each month herein after and provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-
(i). that the petitioner(s) shall make himself/herself/themselves available for interrogation by a police officer as and when required;
(ii). that the petitioner(s) 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(s) shall not leave India without previous permission of the court.
In case, the petitioner fails to make payment of interim maintenance to the complainant in the above terms, the order of anticipatory bail granted to him shall stand automatically cancelled.
Copy of this order be forwarded to the complainant forthwith.