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1996 DIGILAW 911 (RAJ)

Balbir S/o Shyoram v. State of Rajasthan

1996-08-13

RAJENDRA SAXENA

body1996
JUDGMENT 1. - Heard. Perused the impugned order in Criminal Complaint filed by Rajabala and the evidence recorded Under Sections 200 & 202 Criminal Procedure Code. Keeping in view all the facts and circumstances of the case, I do not find valid and sufficient ground to grant bail Under Section 438, Criminal Procedure Code to petitioner No. 1 Balbir who is husband of the complainant and his bail application accordingly stands dismissed. 2. As regards other petitioners, who are brothers-in-laws (Jeth) and sisters-in-laws (Jethani) of the complainant. Shri Hemant Singh submits that there is no allegation regarding entrustment of articles of dowry/Stridhan and there are general allegations regarding instigation for harassment and maltreating the complainant. Shri Hawa Singly learned counsel for the complainant has failed to controvert the contention of Shri Hemant Singh. 3. Keeping in view all the facts and circumstances of the case, it will be just and proper to grant bail Under Section 438, Criminal Procedure Code to the accused petitioner Nos. 2 to 5 whose bail application is allowed. It is therefore, directed that in the event of their arrest in pursuant of the non-bailable warrants issued by the Civil Judge (JD) & Judicial Magistrate, Khetari in Cr. Complaint Case No. 265/96, and in case the petitioner Nos. 2 to 5 (Mahipal, Sajjan, Smt. Santara, & Smt. Anja) appears on or before 19.8.1996 before the trial Magistrate, then they be released on bail provided each of them furnishes a personal bond in the sum of Rs. 10,000/- (Ten thousand) with two sound & substantial sureties each in the sum of Rs. 5,000/- to the satisfaction of the Arresting Officer. Trial Magistrate, with the stipulation to appear in the trial Court or the Court where the case is committed on each and every date of hearing and as and when called upon to do so during the pendency of the trial against him/her in Cr. Complaint Case No. 265/96.Bail Petition Partly Allowed. *******