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Harmender Pal @ Hanuman vs State Of Rajasthan on 27 August, 2019

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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(2 of 3) [CRLMB-5518/2019]

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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(3 of 3) [CRLMB-5518/2019]

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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