HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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.
—-Petitioner
Versus
State, Through Pp
—-Respondent
For Petitioner(s) : Mr. Farzand Ali Syed
For Respondent(s) : Mr. Arjun Singh, PP
For Complainant(s) : Mr. Ravindra Paliwal
HON’BLE MR. JUSTICE VIJAY BISHNOI
Order
20/12/2018
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.
(VIJAY BISHNOI),J
/skm/I.No.210
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