Anticipatory bail granted under Section 438 Cr.P.C. when petitioners have no criminal antecedents and face only general allegations without medical evidence.

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 Sandeep Kumat; the husband of the complainant against whom specific allegations have been levelled is not the petitioner before this Court. This Court further prima facie finds that though as per the complainant, her in-laws have beaten her in connection with dowry demand but no medical report is available on record indicating any internal or external injuries on the body of the complainant.

7. On being inquired, learned Public Prosecutor submitted that the accused-petitioners have already joined the investigation in compliance of the order dated 17.05.2024. He has not shown any apprehension of the accused-petitioners tampering with the evidence or fleeing away from justice, in case, they are enlarged on anticipatory bail.

8. Having regard to the peculiarity of facts and circumstances of the case, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioners under Section 438 Cr.P.C.

9. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioners-(1) Jinder Kaur @ Kashmir Kaur W/o Charanjeet Singh, (2) Charanjeet Singh S/o Garibdas, (3) Harpreet S/o Charanjeet Singh, (4) Jaspreet Kaur D/o Charanjeet Singh and (5) Reena Rani W/ o Kripal Chand in connection with FIR No.84/2023, registered at Police Station Mahila Thana (Ganganagar), District Ganganagar, they shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- each 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.