S.B.CR. MISC. BAIL APPLICATION NO.2315/2007 (Hanuman & Anr. vs. State of Rajasthan) DATE OF ORDER : July 03, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.Surendra Singh, for the petitioners. Mr.Ashok Upadhyaya, Public Prosecutor for State. Heard learned counsel for the petitioners as well as the Public Prosecutor for the State. Perused the order impugned and the police investigation diary. Petitioner No.1 is husband of the complainant. There are serious allegations against the petitioner No.1 subjecting the complainant cruelty as also not returning the dowry articles entrusted to him. In the circumstances, therefore, in my view, it is not a fit case to grant anticipatory bail to the petitioner No.1. The bail application filed by the petitioner No.1 under section 438 Cr.P.C. is, therefore, dismissed. However, there is no allegation of entrustment of dowry articles to petitioner No.2 and no specific allegation of cruelty by petitioner No.2 to the complainant. Having considered the totality of facts and circumstances of the case, I think it just and proper to grant anticipatory bail to petitioner No.2 Smt. Samda. Accordingly, it is directed that in the event of arrest of petitioner No.2 Smt. Samda w/o Hanuman in FIR No.19/2007, P.S. Sankra, Distt. Jaisalmer, she shall be released on bail for a period till the police concludes the investigation and files the challan provided she furnishes a personal bond in the sum of Rs.10,000/- along with one surety of like amount 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 she shall make herself available for interrogation by a police officer as and when required; (ii)That she 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 her from disclosing such facts to the Court or to any police officer and; (iii)That she shall not leave India without the previous permission of the Court. The petitioner shall surrender before the trial court on the date of filing of the challan. (H.R.PANWAR),J. m.asif/-