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2011 DIGILAW 423 (RAJ)

Rakesh Kumar v. State of Rajasthan

2011-02-24

MAHESH BHAGWATI

body2011
JUDGMENT 1. - This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Hari Kishan Saini, Advocate on behalf of the petitioner Rakesh Kumar pertaining to F.I.R. No. 6/2011 of Police Station Pratap Nagar, District Jaipur registered for the offences under Sections 498A and 406 of IPC. 2. Heard learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material emerging on record. 3. Learned counsel for the petitioner canvassed that neither he ever raised a demand for dowry nor subjected the complainant to cruelty. The complainant's parents never gave the golden ornaments on any occasion during marriage and thereafter. Hence, on account of there being no evidence against him with regard to demand for dowry and cruelty, he may be granted indulgence of pre-arrest bail. 4. Learned PP appearing for the State has opposed the bail application on the ground that golden ornaments were given in dowry to the petitioner and the bills have been furnished in support of the same. 5. Having considered the submissions made at the bar and perused the relevant material emerging on record, it is noticed that the bills attached in the investigation file did not reveal as to by whom these ornaments were purchased; when they were purchased and who sold them. Neither there is name of the purchaser nor the buyer nor the date is mentioned on the bills. Apart from this, there is one bill of Rs. 465 due, but against whom this amount was due is not clear. The bills do not seem to be genuine, hence, I do feel that this is a fit case, wherein the anticipatory bail can be granted to the petitioner and bail petition is allowed. 6. Therefore, the SHO/I.O. of the Police Station Pratap Nagar, Jaipur is directed that in the event of arrest of the petitioner Rakesh Kumar, S/o Harphool Singh in FIR No. 6/2011 registered for offences under Sections 498A and 406 of IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs. 6. Therefore, the SHO/I.O. of the Police Station Pratap Nagar, Jaipur is directed that in the event of arrest of the petitioner Rakesh Kumar, S/o Harphool Singh in FIR No. 6/2011 registered for offences under Sections 498A and 406 of IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs. 10,000/- together with one surety in the like amount to his satisfaction on the following conditions - (i) He shall make himself available for interrogation by the Investigating Officer as and when required; (ii) He 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) He shall not leave India without the previous permission of the Court. (iv) He will not commit any offence during the period of bail. Bail Application Allowed with Usual Conditions. *******