ORDER
D.R. Deshmukh, J.
1. Heard on application under Section 438 of the Cr. P.C. which pertains to Crime No. 93/2005 of Police Station-Lormi, District-Bilaspur for the offences punishable under Sections 498A and 34 of the I.P.C.
2. Brief facts are that one Annapurna Singh of Aarang was married to the applicant No. 1 Tahar Singh Parihar on 22.6.2003. Applicant No. 3 Ku. Sarita Parihar and Applicant No. 4 Guljar Singh are the brother and sister and applicant No. 2 Mrs. Amola Singh Parihar is the mother of the applicant No. 1. It is alleged that the applicants ill-treated Annapurna Singh for not bringing sufficient dowry and committed several acts of cruelty towards him. Annapurna Singh returned to her parental home on 3rd April, 2005. Thereafter, a report levelling allegations under Section 498A and Section 34 of the I.P.C. against the applicants was lodged on 27.4.2005 in Police Station, Lormi and investigation is in progress.
3. Learned Counsel for the applicants has argued that Annapurna Singh wanted to live separately with her husband which was the main cause for the dispute. The applicants have been falsely implicated for an offence punishable under Sections 498A and Section 34 of the IPC. The applicant Nos. 3 and 4 are college going students. The applicants are ready to abide by any condition that may be imposed by this Court. On the other hand Mr. Rajput has opposed the bail application and has contended that the applicants were threatening Smt. Annapurna Singh for a compromise. He read over the statements recorded under Section 161 of the Cr.P.C. He has also referred to some letters written by Smt. Annapurna Singh to her parents.
4. I have heard rival contentions and have also perused the case diary. Smt. Annapurna Singh was married to the applicant No. 1 on 22.6.2003. Various acts of cruelty and harassment for not bringing sufficient dowry were alleged against the applicants in the complaint which was lodged on 27.4.2005 whereas Smt. Annapurna Singh had returned to her parental home on 3rd April, 2005 itself. Thus, there is a considerable delay in lodging the report. The letter dated 22.11.2003 written by Smt. Singh to her parents does not show that any of the applicants ill-treated her for not bringing dowry or that any demand for dowry was ever made by the applicants. The contentions of the learned Counsel for the applicants that other letters might have been got written subsequently cannot be brushed aside.
5. Considering the delay in lodging the FIR against the applicants and the fact that the letter alleged to have been written on 22.11.2003 by Smt. Annapurna Singh does not make any mention of demand of dowry, I am inclined to grant anticipatory bail to the applicants. Accordingly, the application M. Cr. C. No. 1335/2005 is allowed. It is directed that in the event of their arrest in Crime No. 93/2005 of the Police Station-Lormi, District Bilaspur for the offence punishable under Sections 498A/34 of the I.P.C., the applicant Nos. 1 to 4 shall be released on bail on their furnishing a personal bond for Rs. 10,000 each along with a solvent surety in like amount to the satisfaction of the Station House Officer, Police Station-Lormi, District-Bilaspur on condition that they will make themselves available for interrogation as and when required during investigation and will not dissuade the witnesses in any manner from disclosing true statement of facts. This order shall remain effective till 30.9.2005.
Certified copy as per rules.