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Judgment
Hon''ble Mrs. Nisha Gupta, J.—Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material placed on record.
Learned counsel for the petitioner submits that the FIR has been lodged after 4 1/2 months of marriage, which took place on 27.06.2011 and the FIR has been lodged on complaint presented before the Chief Metropolitan Magistrate, Jodhpur. It has also been stated that prosecutrix Sapna is major one and she solemnized marriage with him on her own will. She took ration card, school and college mark-sheets with her. Marriage certificate of Arya Samaj, Jodhpur and the statement of Chaina Ram, who is pujari in the Arya Samaj and solemnized the marriage of Sapna and the present petitioner, are also on record. It has further been stated that Sapna lived with her parents for about four months and due to that pressure, she has lodged this false report. The affidavit, which was executed by Sapna, has also been placed on the case diary wherein she has stated that she solemnized marriage with the present petitioner on her own will.
Learned Public Prosecutor submits that in the statement of Sapna, there are specific allegations against the present petitioner.
Having considered all the relevant facts and circumstances of the case, I am inclined to grant anticipatory bail u/s 438 Cr.P.C.
Accordingly, this bail application is allowed and it is directed that in the event of arrest of petitioner in connection with FIR No. 303/2011 PS Mahila Thana, Jodhpur, accused-petitioner Kapil Gehlot S/o Shri Gaje Singh shall be released on bail 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/SHO on the following conditions:
(1) He shall make himself available for interrogation by Investigating Officer as and when required;
(2) 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;
(3) He shall not leave India without the previous permission of the trial court.