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KANA RAM & ORS. v STATE - CRLMB Case No. 4261 of 2007  RD-RJ 4480 (11 September 2007)
S.B.CRIMINAL MISC. BAIL APPLICATION NO.4261/2007
(Kana Ram Ropia & Ors. vs. State of Rajasthan)
DATE OF ORDER : September 11, 2007
Dr.S.S.Jodha, for the petitioners.
Mr.Ashok Upadhyaya, Public Prosecutor for State.
Mr.S.P.Sharma, for the complainant.
Heard learned counsel for the petitioners as well as the
Public Prosecutor for the State assisted by the counsel for the complainant. Perused the order impugned and the police investigation diary.
Learned counsel for the petitioners submits that in compliance of the order of this Court dt. 3.9.2007, petitioners appeared before the Investigating Officer and handed over the dowry articles. Learned Public Prosecutor submits that the dowry articles have been received by the police. He has shown me a `Fard' bearing signature of the complainant. The dowry articles were taken on record.
Having regard to the facts and circumstances of the case, without commenting on the merit of the case and the fact that the dowry articles have been returned, I consider it just and proper to grant anticipatory bail to the petitioners.
Accordingly, the bail application filed by the petitioners under section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners Kana Ram Ropia s/o Shri Dhanraj,
Smt. Basanti w/o Shri Kanaram and Smt. Lalita alias Pinki D/o
Kanha Ram in FIR No.122/2007, P.S., Parbatsar, Distt. Nagaur, they shall be released on bail for a period till the police concludes the investigation and files the challan provided each of them furnishes a personal bond in the sum of Rs.10,000/- along with one surety of like amount each to the satisfaction of
Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:-
(i)That they shall make themselves available for interrogation by a police officer as and when required;
(ii)That they 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 and;
(iii)That they shall not leave India without the previous permission of the Court.
The petitioners shall surrender before the trial court on the date of filing of the challan.
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