Judgment:
M.Cr.C. No.3018/2013 18.3.2013 Shri Shivam Singh, counsel for the applicant.
Shri R.K. Kesharwani, PL for the respondent/State.
With the consent of the parties, heard finally.
This is an application under Section 438 of Cr.P.C for grant of anticipatory bail.
Applicant apprehends his arrest in connection with Crime No. 324/2011 registered at Police Station Hoshangabad, District Hoshangabad for offences punishable under Sections 498A, 420, 120B of IPC and Section 3/4 of Dowry Prohibition Act.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the case along with his parents.
He has no criminal past.
His parents have already been enlarged on anticipatory bail by this Court vide order dated 6.12.2012 passed in M.Cr.C. No. 11849/2012. The case of this applicant is similar to them. It is a matrimonial case and in the event of his arrest, the possibility of compromise between the parties will be diminished, therefore, he prays for grant of anticipatory bail to the applicant. Learned counsel for the State has objected the prayer for grant of anticipatory bail to the applicant.
Considering the contentions raised on behalf of the parties along with facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that present is a fit case for grant of anticipatory bail. The application is allowed.
It is directed that in the event of arrest, the applicant shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs.20,000/- (Rupees twenty thousand ) with a solvent surety in the like sum to the satisfaction of Arresting Officer subject to compliance of terms and conditions as enumerated in Section 438(2) of Cr.P.C.It is further directed that applicant shall join the investigation and fully co-operate with the Investigating Agency.
This order shall remain in force for a period of 60 days.
During this period, if the applicant so desires, may move an application for regular bail before the competent Court, which shall be considered by that Court in accordance with law.
C.C.as per rules.
(G.S.Solanki) JUDGE ravi