Criminal Procedure Code, 1973
Sections 438 & 482—Anticipatory bail—Attempt to murder, dowry demand and harassment—FIR registered under Section 307/498A/34 of IPC—Applicant is mother-in-law of complainant—Charge-sheet stands filed—Admittedly, there is an eye witness account which is contradictory to the statement of complainant—So far as the plea of prosecution with regard to the applicant threatening the complainant or tampering with the evidence is concerned, no material has been placed on record to substantiate the same—Statement of relative of complainant was recorded only after two months of the incident, even though he lives in the same neighbourhood—Charge-sheet stands filed and trial is underway—No custodial interrogation is required qua the applicant—No useful purpose will be served by sending the applicant to judicial custody—Anticipatory bail granted.
[Paras 9 to 12]
Decision : Application allowed