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2009 DIGILAW 2453 (RAJ)

Suresh v. State of Rajasthan

2009-11-26

R.S.CHAUHAN

body2009
JUDGMENT 1. - Heard learned counsel for the parties and perused the material made available on record. 2. Mr. S.R. Surana, learned counsel for the petitioner has contended that according to complainant herself no marriage was solemnised between her and Akhilesh Mogra, son of the petitioner No. 1. Since no marriage has taken place no offence under Section 498A IPC is made out. Moreover, there is no allegation that she has entrusted any property to the petitioners. Thirdly, that the petitioner No. 1, Suresh, is an old man, petitioner No. 2 Vimla Devi, is an old lady, petitioners No. 3 and 4 are young ladies and studying, and the petitioner No. 5 Shanti Lal happens to be maternal grand-father of Akhilesh Mogra. According to the learned counsel for the petitioners, the entire family has been roped in just to prerssurise Akhilesh Mogra into marrying the complainant. Learned public prosecutor has opposed the bail application. 3. Without expressing any opinion about the merits and demerits of the case, but looking to the facts and circumstances of the case, this court is inclined to grant the bail application of the petitioners under Section 438 Cr.P.C. 4. It is, therefore, the SHO of Women Police Station Kota City in FIR No. 159/2009 is directed that in the event of arrest of the petitioners Suresh s/o Madan Lal, Vimla Devi w/o Suresh, Pinki and Chikoo Daughters of Suresh and Shanti Lal s/o Nana Lal, he shall enlarge them on bail provided each of them furnishes a personal bond in the sum of Rs. 30,000/- (Rs. thirty thousand only) with two sureties of the like amount to his satisfaction on the following conditions (i) They shall make themselves available for interrogation by a police officer as and when required; (ii) They shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (iii) They shall not leave India without the previous permission of the Court. Application Allowed. *******