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BAIL APPLN. 923/2011
ANIL KUMAR JAIN & ORS
Through:
Through:
HON'BLE MR. JUSTICE V.K. SHALl
Ofo 22.09.2011
ORDER
1. This is an application for grant of anticipatory bail filed by the parent-in-laws and sister-in-law of the complainant in respect of FIR No. 55/2011 under Section 498/406/34 IPC registered with P.S. Dabri in respect of which investigation is still inconclusive.
2. The case of the petitioners is that the husband of the complainant is staying in Nigeria and they have no control over him. So far as the present petitioners are concerned, to show their bonafide, they have deposited a sum of Rs. 15 Lacs without admitting their liability to pay any amount and without prejudice to their rights and contentions.
3. I have heard the learned APP as well as the complainant, who is present in Court. Having regard to the facts of the case, I feel that anticipatory bail may be granted to the petitioners. Accordingly, the petitioners shall, in the event of 2011:DHC:6732,
4. their arrest, be enlarged on anticipatory bail on furnishing a personal bond in the sum of Rs.SO, 000/- with one surety of the like amount to the satisfaction of IO/SHO. The petitioners shall not leave the country without theI permission of the trial Court and they shall surrender theirj passport to the Investigating Officer. The petitioners shall not\ I change their address without informing the Court and the IO( and shall give their phone numbers to the IO. The petitioners! shall not tamper with the evidence. The amount which has 1 been deposited by the petitioners shall be released to the complainant on her furnishing an undertaking before the and conditions which ultimately trial Court may pass in respect of the said amount.
5. The complainant has stated that her original passport is with the petitioners. The learned counsel for the petitioners has denied that the original passport of the complainant is with them. The petitioners shall file their affidavit in the Court stating that the passport of the complainant is not with them, within a period of ten days from today.
6. On the affidavit being filed, the complainant shall be at liberty to apply for a duplicate/fresh passport to the competent authority.
7. With these directions, the petition is allowed.
8. Dasti.
SEPTEMBER 22, 2011 mr ~ V.K. SHALl, J