HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5518/2019
1. Harmender Pal @ Hanuman S/o Sh. Rajendra Kumar,
Aged About 50 Years, B/c Jat , R/o Mahadev Colony ,
Balotora , P.s. Balotara, Distt. Barmer
2. Rajendra Kumar S/o Laxman Ram, Aged About 28 Years,
B/c Jat , R/o Mahadev Colony , Balotora , P.s. Balotara,
Distt. Barmer
—-Petitioners
Versus
State Of Rajasthan, Through Pp
—-Respondent
For Petitioner(s) : Mr. K.R. Choudhary
For Respondent(s) : Mr. Vikram Sharma, P.P.
HON’BLE MR. JUSTICE VIJAY BISHNOI
Order
27/08/2019
Heard learned counsel for the petitioners as well as learned
Public Prosecutor and also perused the material on record.
The petitioners apprehend their arrest in connection with FIR
No.0006/2019 Bijrad, District Barmer for the offences punishable
under Sections 498A, 323, 406 and 354 of I.P.C.
At the outset, learned counsel for the petitioners has
submitted that he does not want to press the anticipatory bail
application preferred on behalf of petitioner No.1 Harmender Pal @
Hanuman S/o Rajendra Kumar, therefore, the bail application
preferred on behalf of him is rejected as not pressed.
So far as the bail application preferred on behalf of petitioner
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No.2 Rajender Kumar S/o Laxman Ram is concerned, learned
counsel for the petitioners has submitted that he is father-in-law
of the complainant and allegations of demand of dowry and
outraging her modesty levelled against him are false. It is argued
that as a matter of fact, there is some matrimonial dispute
between son of the petitioner Harmender Pal @ Hanuman and his
wife which resulted into some quarrel then his daughter-in-law
has filed this complaint against his son while falsely implicating
him and his wife. Learned counsel for the petitioner has
submitted that marriage of the son of the petitioner was
solemnized with the complainant in the year 2009, however, no
such complaint about behaviour of the petitioner was ever made
to anybody and now the false allegations of demand of dowry and
outraging modesty have been levelled by the complainant against
the petitioner.
Learned Public Prosecutor has 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 preferred on behalf of
petitioner No.2 Rajendra Kumar S/o Laxman Ram under Section
438 Cr.P.C. is allowed and it is directed that in the event of his
arrest in FIR No.0006/2019 Bijrad, District Barmer, 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/-
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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.
(VIJAY BISHNOI),J
56-Babulal/-
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