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Saroj Kanwar vs State on 20 December, 2018

S.B. Criminal Misc. Bail No. 12370/2018

Saroj Kanwar W/o Deelep Singh, Aged About 56 Years, By Caste
Rajput, R/o Village Sindhu, Tehsil Nokha, Bikaner, Rajasthan.

State, Through Pp


For Petitioner(s) : Mr. Farzand Ali Syed
For Respondent(s) : Mr. Arjun Singh, PP
For Complainant(s) : Mr. Ravindra Paliwal




Heard learned counsel for the petitioner as well as

learned Public Prosecutor and also perused the material on record.

The petitioner apprehends his arrest in connection with

FIR No449/2018 of Police Station Nokha, Bikaner for the offences

punishable under Sections 498A, 304B and 302 IPC.

Learned counsel for the petitioner submitted that

omnibus allegation regarding demand of dowry has been levelled

against three persons including the petitioner. It is submitted that

petitioner is mother-in-law whereas her husband and son have

already been arrested. It is also submitted that all the stri dhan

has already been recovered by the police and no recovery is to be

effected from the petitioner. Learned counsel has also submitted

that the petitioner is a lady of 56 years and no useful purpose will

be served in sending her beyond the bars.

(2 of 2) [CRLMB-12370/2018]

Learned Public Prosecutor as well as learned counsel for

the complainant have opposed the bail application.

Having regard to the totality of the facts and

circumstances of the case, without expressing any opinion on the

merits of the case, I deem it just and proper to grant anticipatory

bail to the accused petitioner under Section 438 Cr.P.C.

Accordingly, this bail application under Section 438

Cr.P.C. is allowed and it is directed that in the event of arrest of

the petitioner Saroj Kanwar in FIR No.221/2018, Police Station

Nokha, Bikaner, he shall be enlarged on bail provided he furnishes

a personal bond in a sum of Rs.50,000/- with two sound and

solvent sureties of Rs.25,000/- each to the satisfaction of the

concerned I.O./S.H.O. on the following conditions:-

(i) He shall make himself available for interrogation by
Investigating Officer as and when required;

(ii) 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;

(iii) He shall not leave India without the previous permission of
the court.



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