1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (ABA) No. 120/2011 (Hemant Kishor Ramteke and ors. .vs. State of Mah. through PSO PS Parsheoni, Dist. Nagpur. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Patwardhan, Advocate for Applicants. .......... CORAM : P.D. KODE, J. DATED : APRIL 07, 2011 Heard. By the present application, the applicants apprehending an arrest in connection with Crime No. 3012/2011 registered with Police Station Parsheoni for commission of offence under Sections 3 and 4 of the Dowry Prohibition Act , have prayed for a direction under Section 438 of Cr.P.C. Having regard to the submissions canvassed that applicant no.1 being Government servant and in view of the proposal for marriage being rejected by him on the count of defect being detected in the eyes of daughter of first informant, the applicants who are respectively his brother and parents are falsely implicated for commission of offence under Sections 3 and 4 of the Dowry Prohibition Act and the order passed 2 by the Court of Session rejecting the application for anticipatory bail preferred by the applicants not giving clue to the allegations against the applicants much a less the date of the scheduled marriage and so also the date on which the marriage was settled, the applicants have made out a case for granting protection in terms of Section 438 of Cr.P.C. until the merits of the matters are determined after hearing the other side. The same appears accordingly as prima facie there is substance in the submission that in the event of the contents of the application are found to be true, then they would be unnecessarily subjected to the humiliation due to the arrest caused by falsely implicating them. Inform the Investigating Officer of said crime that in the event of arrest of the applicants in connection with the said crime, they shall be forthwith released on bail up-till 20.4.2011 on furnishing a P.R. Bond in a sum of Rs.25,000/- each with one surety in like amount and subject to the conditions that applicants (i) shall attend the I.O. in connection with the investigation of the said crime everyday in between 11 and 1 p.m. or as and when called by the I.O.; (ii) shall not , directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against them so as to dissuade them from disclosing such facts to the Police Officer; (iii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iv) shall not commit any offence while being on 3 bail granted vide this order. Issue notice to the respondent returnable on 20.4.2011. Mr. D.P. Thakre, learned APP appears for the respondent by waiving notice. Criminal APPP No. 345/2011 Heard. For the reasons mentioned in the application, the same is allowed. JUDGE halwai