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2019 DIGILAW 1499 (RAJ)

Mukesh Rao v. State of Rajasthan, Through PP

2019-05-14

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record. 2. The petitioners apprehend their arrest in connection with FIR No. 49/2019 of Police Station Motagaon, District Banswara for the offence punishable under Section 498-A, 323, 354, 504 IPC. They have preferred this anticipatory bail application under Section 438 Cr.P.C. 3. At the outset, learned counsel for the petitioner has submitted that he does not want to press this anticipatory bail application preferred on behalf of petitioner No. 1 Mukesh Rao S/o Lal Singh, however seeks liberty for him to surrender before the trial court. 4. In view of the above, the anticipatory bail application preferred on behalf of the petitioner No. 1 is dismissed as not pressed, however, he is free to surrender before the trial court. 5. So far as regarding the other petitioners are concerned, it is submitted that the petitioner No. 2 Sanjay Rao is the brother-inlaw, petitioner No. 3 Lal Singh Rao is father-in-law and petitioner No. 4 Smt. Godawari Devi Rao is mother-in-law of the complainant. It is also submitted that no specific allegation regarding demand of dowry and harassment has been levelled against father-in-law and mother-in-law. It is argued that the allegation of outraging modesty levelled against the petitioner No. 2 is also false. It is submitted that as a matter of fact, after marriage of the complainant with the petitioner No. 1 Mukesh, some matrimonial dispute arose between them, however, the complainant has falsely named brother-in-law, father-in-law and mother-in-law while levelling false allegation of harassment against them. 6. Learned Public Prosecutor has opposed the bail application. 7. 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 petitioners under Section 438 Cr.P.C. 8. Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioners Sanjay Rao S/o Lal Singh, Lal Singh Rao S/o Nathu Singh and Smt Godawari Devi Rao W/o Lal Singh, in FIR No. 49/2019 of Police Station Motagaon, District Banswara they shall be enlarged on bail provided each of them furnishes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties 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) They shall make themselves available for interrogation by Investigating 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.