Judgment · High Court

Heard learned counsel for the parties and perused the record of the case. Learned counsel for petitioner submits that petitioner is mother-in-law and otherwise bail has been granted to father-in- law and husband of complainant wife. All the articles forming 'stridhan' have been returned. Hence, petitioner, being a female, may be granted anticipatory bail. On the other hand, learned Public Prosecutor has opposed the bail application. After taking into consideration rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect the outcome of the trial, but looking to the facts of this case, I allow this bail application under Section 438 CrPC. Therefore, the SHO/IO of the Police Station- Itawa, District – Kota is directed that in the event of arrest of the petitioner Kastoori Bai Kushwah in FIR No. 37/2010 registered for offence under Section/s 498-A, 406, 494 and 120-B IPC, he shall enlarge her on bail provided she furnishes a personal bond in the sum of Rs.25,000/- with one surety in the like amount to his satisfaction on the following conditions:- (i)SHe shall make herself available for interrogation by Investigating Officer as and when required; (ii)She 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)She shall not leave India without previous permission of the Court. (iv) She shall not commit same and similar offence during the period of bail. (MN Bhandari), J. bnsharma