Criminal Procedure Code, 1973
Section 438—Conditional pre-arrest bail—Appeal—High Court granted concession of pre-arrest bail subject to offered payment—Allegation of illegal demand of money in marriage and cheating—Marriage was called off but respondents did not return the money and articles—Offences registered under Sections 406 & 420 of IPC and Sections 3 & 4 of Dowry Prohibition Act—Process of criminal law cannot be utilized for arm-twisting and money recovery, particularly while opposing the prayer for bail—Concession of pre-arrest bail or regular bail could be granted irrespective of any payment or any offer of payment—Recovery of money is essentially within the realm of civil proceedings—Order granting pre-arrest bail to respondents stand affirmed but condition of payment of offered amount stands annulled.
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