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1988 DIGILAW 124 (RAJ)

Harbansh Singh v. State of Rajasthan

1988-02-17

I.S.ISRANI

body1988
JUDGMENT 1. - Heard learned counsel for the parties and perused the order of the trial court as also the case diary. 2. The contention of Mr. Anil Jain, learned counsel for the petitioner is that complainant Smt. Charanjeet Kaur is living separately since 18.11.82 with her father and mother. She has also filed proceedings under Section 125, Cr. P.C. in which no allegation regarding the cruelty etc. has been made. A private complaint has been filed under various Sections including 498-A and 494 I.P.C. In this complaint eight of the family members of the petitioners were involved, out of whom seven were granted bail under Section 438 Cr. P.C. by the trial court. The contention of Mr. S.C. Sharma, learned Public Prosecutor is that the petitioner has married again and therefore, has committed offence under section 494 I.P.C. 3. In the facts and circumstances of the case, I am inclined to grant bail to the petitioner under Section 438 Cr. P.C. 4. The S.H.O./Investigating Officer/Arresting Officer, Police Station, Kotwali Alwar is therefore, directed that in the event of arrest of petitioner Harbansh Singh in F I.R. No. 33/88 he be released on bail provided he furnishes a personal bond in the sum of Rs. 5,000/ with one surety in the like amount, to his satisfaction, on the following conditions: (1) that the petitioner shall make himself available for interrogation by a police officer as and when required; (2) that the petitioner shall not directly or indirectly make any involvement, threat or promise to any person acquainted with the case so as to dissuade him from disclosing such facts to the court or to any police officer; (3) that the petitioner shall not leave India without the previous permission of the court. Bail granted. *******