HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11352/2019
Smt Priya W/o Rajendra Kumar, Aged About 48 Years, By Caste
Panchori Jain, R/o Sagwara, Tehsil Sagwara, District Dungarpur.
—-Petitioner
Versus
State, Through P.p.
—-Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 11353/2019
Rajendra Kumar S/o Jeevraj, Aged About 57 Years, By Caste
Panchori Jain, R/o Sagwara, Tehsil Sagwara, District Dungarpur.
—-Petitioner
Versus
State, Through P.p.
—-Respondent
For Petitioner(s) : Mr. Mridul Jain
For Respondent(s) : Mr. Sharvan Bishnoi, P.P.
HON’BLE MR. JUSTICE VIJAY BISHNOI
Order
27/09/2019
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.238/2019 of P.S. Gaddi, District Banswara, for the offences
punishable under Sections 406 and 498A I.P.C.
Learned counsel for the petitioners has submitted that in
pursuance to the order dated 27.9.2019 passed by this Court, the
petitioners appeared before the Investigating Officer and joined
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investigation. Learned counsel for the petitioners has submitted
that allegations of harassing the complainant for dowry levelled
against the petitioners are absolutely false. It is argued that
marriage of son of the petitioners was solemnized with the
complainant on 28.2.2019 and after some time of marriage, both
started living at Mumbai where the son of the petitioners is
working as Custom Officer. It is also submitted that on account of
mis-understanding between the son of the petitioners and
complainant, a dispute arose and the complainant came to her
parents house. It is further submitted that on 16.4.2019, the
parents and other relatives of the complainant, petitioners
themselves, their son and their relatives assembled at Badodiya to
settle the dispute between them, however, the dispute could not
be settled rather both the parties started quarreling with each
other and filed cross criminal cases. It is submitted that to
pressurize the petitioners to withdraw the criminal case filed by
them against the family of the complainant, the petitioners have
falsely been implicated in this case. Learned counsel for the
petitioners has submitted that in the facts and circumstances of
the case, the petitioners are entitled to be granted the benefit of
on anticipatory bail.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application.
Having heard learned counsel for the parties and having
gone through the case diary and taking into consieration the fact
that earlier the criminal cases regarding assault between the
parties were filed and no specific role has been attributed to the
petitioners by the complainant in the FIR as well as in her
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statements, without expressing any opinion on the merits of the
case, I deem it just and proper to grant anticipatory bail to the
accused petitioners under Section 438 Cr.P.C.
Accordingly, these bail applications under Section 438 Cr.P.C.
are allowed and it is directed that in the event of arrest of the
petitioners Smt Priya W/o Rajendra Kumar and Rajendra Kumar
S/o Jeevraj in FIR No.238/2019 of P.S. Gaddi, District Banswara
they shall be enlarged on bail provided each of them 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) They shall make themselves available for
interrogation by Investigating Officer as
and when required;
(ii) They 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) They shall not leave India without the
previous permission of the Court.
(VIJAY BISHNOI),J
137-138-Babulal/-
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