Judicature For Rajasthan Bench High Court · 2012

HON'BLE MS. JUSTICE BELA M. TRIVEDI,V.J. Shri Bharat Vyas, for the applicant. Shri Peeyush Kumar, P.P., for State. BY THE COURT : The applicant has preferred the present application under Section 438 Cr.P.C. seeking anticipatory bail apprehending his arrest in connection with the FIR being No.25/2012 registered at Police Station Mahila Thana (East), Jaipur City for the offence under sections 498A & 406 of IPC. Heard learned advocate Shri Bharat Vyas for the applicant and learned public prosecutor for the State and perused the relevant material placed before the court. Having regard to the submissions made by the learned counsel for the parties and documents on record, it transpires that the applicant, who is husband of complainant is apprehending his arrest in view of complaint filed by the complainant his wife. It appears from the record that the court had sent them to the Mediator for exploring the possibility of the settlement, however, it did not materialise.

In any case, considering the nature of allegations made in the complaint and other documents including Annexure 3, the copy of apology tendered by the complaint, the court is inclined to 2 grant the present application. In the event of the arrest of the applicant named Kishore Gaur S/o Shri Prabhulal Gaur in connection with the FIR No. 25/2012 registered at Police Station Mahila Thana (East), Jaipur City he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- and the two sureties of Rs.25,000/- each, to the satisfaction of the concerned trial court on the following conditions:- (a) that the applicant shall make himself available for interrogation by Investigation Officer as and when required and shall co-operate with the investigation by the Investigation Officer; (b) the applicant shall not commit an offence similar to the offence of which he is accused or suspected, of the commission of which he is suspected; (c) that the applicant 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 or temper with the evidence; (d) that the applicant shall attend the concerned court as and when directed and found necessary; (e) that the applicant shall not leave the territory of India without previous permission of the concerned trial court, and shall deposit the passport, if any, before the trial court; (f) the applicant shall furnish his present correct residential along with the contact number before the trial court and shall also intimate the change, if any, which may take place in future to the trial court. (g) The Investigating Officer shall be at liberty to seek for the remand to police custody, if found necessary from the concerned court. (BELA M. TRIVEDI),V.J. Chauhan/- All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. (Raj Kumar Chauhan), PA 3