Research › Browse › Judgment

Rajasthan High Court · body

1998 DIGILAW 367 (RAJ)

Anil Kumar S/o Prakash Raj Kothari v. State of Rajasthan

1998-03-16

A.S.GODARA

body1998
Honble GODARA, J.–Heard learned counsel for the petitioner, learned Public Prosecutor for State as also learned counsel for complainant and also perused the progress of trial/investigation as borne out of the investigation record and case diary. (2). Learned counsel for the petitioner submits that pursuant to interim order against the arrest of accused petitioner, the petitioner had produced, as borne out of the investigation record, in all 60+25+24=109 articles before the Investigating Officer on 11.3.98 and, in view of the contentions and unwillingness of complainant herself to reside with the accused petitioner, since a petition for maintenance u/s. 24 of the Hindu Marriage Act, so also a divorce petition is pending between the parties before the Family Court, Udaipur and accordingly, his submission is that pe- titioner who is Govt. servant, now is no longer required for any purpose during the investigation, deserves to be released on bail. (3). However, learned Public Prosecutor opposes this petition. (4). Looking to the conduct of accused-petitioner and allegation of his being involved in extra marital relationship with Smt. Asha, whose marriage is denied by learned counsel for the petitioner, it does not appear fully justified to grant him regular anticipatory bail, but an interim bail for a period of 45 days is thought to be proper, so that the parties have ample time to help with investigation and the I.O. could come to logical conclusion at the earliest. (5). Consequently, this petition is accepted and it is ordered that in the event of arrest of the petitioner Anil Kumar in FIR No. 14/98 P.S. Rajnagar, Distt. Rajsamand by the I.O./SHO/A.O. concerned, he shall release him on bail for a period of 45 days from the date of this order provided he furnishes bail bonds in the sums of Rs. 20,000/- each to the satisfaction of the said officer and also undertakes to abide the conditions as are provided under sec. 438 Cr.P.C. (6). Meanwhile, if so advised, he may apply for a regular bail before a regular Court. This bail petition stands disposed of accordingly.