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2019 DIGILAW 988 (RAJ)

Rajkumar v. State of Rajasthan, Through PP

2019-04-02

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. 87/2018 of Police Station Gagamedi, District Hanumangarh for the offence punishable under Sections 498- A, 406, 323, 313, 354(KHA), 377, 34 of IPC. 3. Learned counsel for the petitioner has submitted that petitioner is father-in-law and he has falsely been implicated in this case. It is submitted that allegations against the petitioner in the complaint are false and not substantiated by any other evidence. It is submitted that as a matter of fact, on account of compromise arrived at between the parties, the police have already proposed to file negative final report in the matter, but later on, as the complainant party resiled from compromise, the matter is still under investigation. It is also submitted that though son of the petitioner and husband of the complainant was arrested but later on he was granted bail by the ADJ, Bhadra. It is also submitted that stridhan of the complainant was recovered by the police from son of the petitioner on 27.02.2019 4. Learned Public Prosecutor as well as counsel for the complainant have opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case and after going through the case diary, 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 Rajkumar S/o Sh. Raghunath Rai in FIR No. 87/2018 of Police Station Gagamedi, District Hanumangarh he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureities of Rs. Raghunath Rai in FIR No. 87/2018 of Police Station Gagamedi, District Hanumangarh he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureities 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.