HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Bail No. 10004 / 2015 Smt. Jaishree W/o Lalit Kumar, By caste Aggarwal, R/o House No.500, Urban State Phase-II, Hisar, Hariyana. ----Petitioner Versus State of Rajasthan. ----Respondent Connected With S.B. Criminal Misc. Bail No. 10005 / 2015 Ankit Garg S/o Lalit Kumar, aged 27 years, By caste Aggarwal, R/o Near Water Tank, Industrial Area, Hisar, Hariyana. ----Petitioner Versus State of Rajasthan. ----Respondent _____________________________________________________ For Petitioner(s) : Mr. Nishant Bora. For Respondent(s) : Mr. Ashok Upadhyaya, PP. For complainant : Mr. M.K. Garg. _____________________________________________________ HON'BLE MR. JUSTICE SANDEEP MEHTA Order 30/03/2017 Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. These anticipatory bail applications have been filed by the petitioners apprehending their arrest in connection with F.I.R. No.378/2015, registered at Police Station Nohar, for offences under Sections 498A and 406 IPC. (2 of 3) [CRLMB-10004/2015] Petitioner Ankit Garg is the husband and petitioner Smt. Jaishree is the mother-in-law of the complainant Smt. Khushboo Garg. The petitioner Ankit Garg instituted proceedings under the Hindu Marriage Act against complainant Khushboo Garg in the Family Court, Hanumangarh. In those proceedings, the statement of Smt. Khushboo was recorded on 30.07.2014. In cross- examination, she admitted that she was living separately from Ankit Garg for last more than 3 years. She further candidly conceded on a suggestion given in cross examination that no dowry was ever demanded from her. The FIR came to be lodged on 02.08.2015. Numerous attempts of settlement were reportedly made between the parties but failed. In this background, this Court is of the opinion that the arguments advanced by Shri Nishant Bora, learned counsel for the petitioner that (i) the FIR has been filed after the period of limitation prescribed under Section 468 Cr.P.C. and (ii) that the case set up in the FIR regarding the complainant having been harassed and humiliated on account of bringing less dowry is concocted, does carry some weight. Be that as it may. Any observation by this Court on this aspect may prejudice the investigation. Having regard to the facts and circumstances available on record, it is considered to be just and proper to grant anticipatory bail to the petitioners. Accordingly, these bail applications are allowed and it is directed that in the event of arrest of petitioners (1) Smt. Jaishree (3 of 3) [CRLMB-10004/2015] and (2) Ankit Garg in connection with F.I.R. No.378/2015, registered at Police Station Nohar, the petitioners shall be released on bail; provided each of them 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 petitioners shall make themselves available for interrogation by a police officer as and when required; (ii). that the petitioners 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 petitioners shall not leave India without previous permission of the court. A copy of this order be placed in each file. (SANDEEP MEHTA), J.
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