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Ashok Kumar vs State on 20 August, 2019

S.B. Criminal Miscellaneous Bail Application No. 8828/2019

Ashok Kumar S/o Ram Chandra, Aged About 59 Years, By Caste
Solanki, R/o C-419, Khaturia Colonu, Bikaner.

State, Through Pp


For Petitioner(s) : Mr. H.M. Sarswat
For Respondent(s) : Mr. Sharvan Bishnoi, P.P.

Mr. B.S. Shekhawat for complainant




Heard learned counsel for the petitioner, learned Public

Prosecutor as well as learned counsel for the complainant and also

perused the material on record.

The petitioner apprehends his arrest in connection with FIR

No.216/2019 of Police Station Jai Narayan Vyas Colony, Bikaner

for the offences punishable under Sections 354 I.P.C.

Learned counsel for the petitioner has submitted that

allegations against the petitioner is to the effect that he sent some

obscene videos to the complainant. It is submitted that as a

matter of fact, the complainant has filed the FIR against the

petitioner under some misunderstanding as the video clip was

inadvertently forwarded to her through his phone. It is also

submitted that now the matter has been compromised between

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the parties.

Learned Public Prosecutor has opposed the bail application.,

however, learned counsel for the complainant has verified the fact

that the matter has been compromised between the parties.

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.

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 Ashok Kumar S/o Ram Chandra in FIR No.216/2019 of

Police Station Jai Narayan Vyas Colony, Bikaner 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.



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