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Rajasthan High Court · body

2013 DIGILAW 1853 (RAJ)

Satya Narain v. State of Rajasthan

2013-10-23

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case arising out of F.I.R. No. 286/2013 registered at Police Station Dungarpur Kotwali District Dungarpur for offences punishable under Sections 341, 323, 354 I.P.C. and Section 3(1)(x) of SC/ST Act. 2. Complainant is sister of the wife of the petitioner. It is submitted that matrimonial dispute is pending between the parties in various forums. Count for the petitioner has submitted that in order to pressurise the petitioner, who had already obtained decree of restitution of conjugal right, sister of the wife had levelled a false allegation against the petitioner. It is further submitted that petitioner is being pressurised to give divorce to sister of the complainant. 3. After hearing counsel for the parties, this Court is of the view that veracity of the allegations levelled by the complainant shall be determined during the course of the trial. Prima facie false implication of the petitioner cannot be ruled out. 4. Hence, the present petition is accepted as the custodial interrogation of the petitioner is not called for and it is ordered that in case, petitioner appeal before the Court of concerned Area Judicial Magistrate within seven days from today his bail bond shall be accepted.Application allowed. *******