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Amit Rakecha vs State Of Rajasthan on 20 August, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8480/2019

Amit Rakecha S/o Sh. Balkishan, Aged About 30 Years, By Caste
Darji, R/o House No. 17/773, Chopasni Housing Board, Jodhpur.

—-Petitioner
Versus
State Of Rajasthan, Through Pp
—-Respondent

For Petitioner(s) : Mr. Deepak Bora
For Respondent(s) : Mr. Shrawan Bishnoi, PP
For Complainant(s) : Mr. Suresh Kumar Maru

HON’BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

20/08/2019

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner apprehends his arrest in connection with FIR

No.101/2019 of Police Station Mahila Paschim District Jodhpur for

the offence punishable under Section 498A, 406, 323 ipc. He has

preferred this anticipatory bail application under Section 438

Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegations against the petitioner of harassing the complainant for

dowry and misappropriation of her Streedhan are absolutely false.

It is argued that the petitioner and the complainant solemnized

marriage against the wishes of thier family members in the year

2011 in Arya Samaj, Jodhpur, thereafter, the petitioner and the

complainant lived together up to filing of the complaint by the

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complainant against him. It is submitted that the petitioner never

demanded any dowry and the allegations levelled by the

complainant in the complaint are false. It is submitted that as a

matter of fact, the complainant was not conceiving and for that,

the petitioner spent huge money for her treatment but later on,

complainant and her family members started demanding money

from the petitioner and when the petitioner refused to give them

the money, this false complaint has been filed. It is further

submitted that the petitioner has already joined the investigation

and has submitted all the documentary evidence before the

Investigating Officer.

Learned Public Prosecutor as well as learned counsel for the

complainant have opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and having gone 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.

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 Amit Rakecha S/o Sh. Balkishan in FIR No.101/2019 of

Police Station Mahila Paschim District Jodhpur 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;

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(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.

(VIJAY BISHNOI),J

Surabhii/17-

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