Anticipatory bail can be granted when the accused demonstrate no risk of absconding or tampering with evidence, and when the nature of the allegations does not necessitate custodial interrogation.

JUDGMENT

Sandeep Mehta, J. - This anticipatory bail application under Section 438 CrPC has been filed by the petitioners Ram Prasad S/o Hakra and Lalit S/o Ram Prasad apprehending their arrest in connection with F.I.R. No.31/2021 registered at the Police Station Mahila Thana, Udaipur for the offences under Sections 498-A and 406 IPC.

2. Heard learned counsel for the petitioners, learned Public Prosecutor and gone through the material available on record.

3. The petitioners are father-in-law and husband respectively of the complainant Smt. Tina. The F.I.R. came to be registered in the year 2021. As per the factual report, evidence has been collected by the Investigating Officer that well before lodging of the F.I.R., a mutual agreement was entered into between the parties for termination of marriage by customary procedure on 06.09.2018.

4. On that very date, ornaments etc. were handed back to the complainant. Both the petitioners are government servants and there is no requirement of their custodial investigation.

5. Their is no likelihood of their absconding or tampering with the prosecution witnesses in any manner.

6. In view of above and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that it is a fit case for grant of pre-arrest bail to the petitioners under Section 438 Cr.P.C.

7. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioners Ram Prasad S/o Hakra and Lalit S/o Ram Prasad in connection with F.I.R. No.31/2021 registered at the Police Station Mahila Thana, Udaipur, they 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.