Cr.M.P.(M) No. 876 of 2008 and Cr.M.Ps.(M) No. 877, 878, 879 and 880 of 2008. 9.9.2008 Present: Mr. J.L. Bhardwaj, Advocate for the petitioners. Mr. Rajinder Dogra, Addl. A.G. with Mr. Vikas Rathore, Dy. A.G. for the respondent. Cr.M.P.(M) No. 876 of 2008 and Cr.M.Ps.(M) No. 877, 878, 879 and 880 of 2008. These applications have been filed by the petitioners under Section 438 of the Code of Criminal Procedure for seeking anticipatory bail in a complaint lodged by Smt. Anjali Vashisht on the basis of which FIR No. 21 of 2008 dated 24.8.2008 has been registered at Police Station, Pooh, District Kinnaur under Section 498-A and 506 read with Section 34 of the Indian Penal Code. These applications were heard together and are being disposed of by a common order. The State has filed the status report. Mr. J.L. Bhardwaj has strenuously argued that his clients have been falsely implicated at the behest of the complainant. He then contended that the marriage of the complainant was solemnized with Anil Vashisht in the year 1999. The learned Additional Advocate General has resisted the bail applications. I have perused the report and have gone through the entire record. The marriage of complainant-Smt. Anjali Vashisht was solemnized with Anil Vashisht in the year 1999. It has come in the evidence that Anil Vashisht has been living with the complainant at Pooh w.e.f. 2002 to 2007. The marriage has subsisted for more than eight years. The learned Additional Advocate General has also brought to the notice of the Court the earlier proceedings which were initiated by the complainant-Smt. Anjali Vashisht against Anil Vashisht under Section 9 of the Hindu Marriage Act in the Court of Senior Sub Judge, Solan, H.P. The matter was compromised after recording the statements of the parties. The learned Additional Advocate General submits that the petitioners, except Anil Vashisht, are not involved in any manner with the alleged offence. As far as petitioner-Anil Vashisht is concerned, he was interrogated as per directions issued by the Court on 8.9.2008. In his statement, it has come that he is ready and willing to live with his wife and will take care of his children. There is no evidence, except the statements recorded under Section 161 of the Code of Criminal Procedure to remotely suggest that the petitioners have been harassing the complainant-Smt. Anjali Vashisht for bringing insufficient dowry. The complainant is living at Pooh for the last one year. There is no evidence on record that the petitioners had been harassing her at Pooh. Learned Additional Advocate General has not brought to the notice of the Court that any of the petitioners had ever visited Pooh after 2007. It has been submitted by the petitioners that they are ready and willing to furnish requisite bail bonds. The custodial interrogation of the petitioners is not necessary in the present case. It is also not the stand of the prosecution that in case the petitioners are released on pre-arrest bail, then they will not be available for interrogation. The petitioners have made out a case for the grant of bail under Section 438 of the Code of Criminal Procedure. Therefore, the applications are allowed and the petitioners, in the event of arrest, are ordered to be released on bail in F.I.R. No. 21 of 2008 dated 24.8.2008 registered at Police Station, Pooh under Section 498-A read with Section 506 of the Indian Penal Code on their furnishing personal bonds each in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Arresting Officer subject to the condition that petitioners shall join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. The observations made in the order shall not be construed as expression of opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. September 9, 2008. (cr)