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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
JINDER KAUR @ KASHMIR KAUR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order
1. Nobody has appeared on behalf of the petitioners.
2. This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with FIR No.84/2023, registered at Police Station Mahila Thana (Ganganagar), District Ganganagar for the offences under Sections 406 and 498-A of IPC.
3. The co-ordinate Bench of this Court on 17.05.2024 while directing learned Public Prosecutor to submit the factual report of the case was pleased to direct police not to arrest the petitioners in connection with the present FIR.
4. Heard learned Public Prosecutor and perused the impugned order.
5. The factual report of the case submitted by the learned Public Prosecutor indicates that the complainant- Chhindu married with Sandeep Kumar on 12.12.2018 as per Hindu-Sikh rituals. Thereafter, the complainant was allegedly beaten and subjected to cruelty for dowry demand by her husband and other in-laws members.
6. This Court prima facie finds that the accused-petitioners have no criminal antecedents to their credit and only general allegations of dowry demand have been levelled against the accused petitioners who are close relative of the husband of the complainant namely Sa
Anticipatory bail granted under Section 438 Cr.P.C. when petitioners have no criminal antecedents and face only general allegations without medical evidence.
Anticipatory bail under Section 438 Cr.P.C. requires a careful assessment of the facts and circumstances, particularly in cases involving dowry allegations, where the safety of the complainant and th....
Mere non-recovery of disputed dowry articles and lack of requirement for further investigation can be considered in granting anticipatory bail in domestic violence cases.
The lack of proof regarding the return of dowry articles and the apprehension expressed by the complainant influenced the court's decision to reject the anticipatory bail application.
In cases of anticipatory bail, the nature of the accusations and the antecedent record of the petitioners are critical in determining bail eligibility.
Anticipatory bail is granted when allegations are general, omnibus, and lack specific overt acts against the petitioners.
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