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2019 DIGILAW 1047 (RAJ)

Goverdhan Aheer v. State of Rajasthan, Through PP

2019-04-05

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner apprehends his arrest in connection with FIR No. 20/2019 of Police Station Bijoliya, District Bhilwara for the offences punishable under Sections 354-A and 354/D of I.P.C. and Section 11/12 of POCSO Act. 3. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. It is also submitted that a dispute regarding plot is going on between the family of the petitioner and complainant and on account of said dispute, the complainant has lodged the false FIR alleging that the petitioner is harassing his minor daughter. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C. 6. Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner Goverdhan Aheer S/o Madan Lal Aheer in FIR No. 20/2019, Police Station Bijoliya, District Bhilwara, he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:- (i) He shall make himself available for interrogation by 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.