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Judgment
The petitioner is apprehending is arrest in connection with Garhwa P.S.
Case No. 224 of 2016, corresponding to G.R. No. 953 of 2016 for the offence
under sections 498A, 323 of the Indian Penal Code and under section 3/4D.P.
Act.
It appears that on 03.07.2017, both the parties were physically present
before this Court and possibility of reconciliation was made but the same has
failed and the matter was to be heard on merit and accordingly, the same is
being heard on merit.
Learned counsel for the petitioner has submitted that the petitioner has
been falsely implicated in this case. There is omnibus allegation against the
petitioner. No case under the alleged sections is made out against the petitioner.
The petitioner is ready to keep his wife/complainant.
Learned A.P.P as well as well as learned counsel for the O.P. No. 2 opposed
the prayer for anticipatory bail.
From perusal of case diary, it appears that in para 40, I.O has recorded the
evidence of independent witness Akbar Ansari, in para 41?evidence of
independent witness Afjal Ansari, in para 51? evidence of independent witness
Intkhwab Ansari, in para 52 - evidence of indpendent witness Mustafa Raja
and all they have supported the case of the prosecution.
Considering the aforesaid facts and circumstances of the case and also considering the nature of offence, I am not inclined to grant anticipatory bail to
the petitioner. Accordingly, prayer for anticipatory bail on behalf of the
petitioner is hereby rejected. The petitioner, if so advised, may surrender before
the trial court within three weeks from the date of this order and pray for
regular bail which shall be considered by the trial court without being
prejudiced by this rejection order.