HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
S.B. Criminal Bail Cancellation No. 13 / 2018
Swarnima Kulshrestha W/o Ansul Kulshrestha, R/o Katewa Nagar,
New Sanganer Road, Jaipur, Rajasthan.
1. State of Rajasthan Through P.P.
2. Poonam Kulshrestha W/o Late Shri Anil Kulshrestha, R/o B-
14/90 Himgiri Apartment, Sector-34, Noida, U.P.
S.B. Criminal Miscellaneous Bail No. 1157 / 2018
Rahul Kulshreshtha son of Late Shri Anil Kulshreshtha, resident of
B-14/90, Himgiri Apartment, Section-34, Noida, U.P.
State Of Rajasthan Through Pp
1. For Petitioner-complainant(s): Mr. Rambabu Sharma in Bail
Cancellation Application No. 13/2018
2. For Petitioner(s): Mr. Shrey Gaharana in Criminal Misc.
Anticipatory Bail No. 1157/2018
3. For Accused-Respondent(s): Mr. Shrey Gaharana in Bail
Cancellation Application No. 13/2018
4. For Complainant(s): Mr. Rambabu Sharma in Criminal misc.
Bail Application No.1157/2018
5. For State(s) : Mr. Sudesh Saini, PP
HON’BLE MR. JUSTICE PANKAJ BHANDARI
1. Petitioner-Swarnima Kulshrestha has filed this miscellaneous
(2 of 4)
bail cancellation application under Section 439(2) of Cr.P.C. and
petitioner-Rahul Kulshreshtha has filed criminal misc. anticipatory
bail application under Section 438 of Cr.P.C.
2. F.I.R. No.66/2017 was registered at Police Station Mahila
Thana South, Jaipur for offence under Sections 498-A, 406, 323,
354, 341 of I.P.C.
3. It is contended by counsel for the petitioner-Swarnima
Kulshrestha that respondent No.2-Poonam Kulshrestha has
misstated the fact of return of dowry articles and on that basis she
has obtained bail from the Court.
4. It is contended by counsel for the petitioner-Rahul
Kulshreshtha that false allegations have been levelled against him
under Section 354 IPC. An agreement took place between the
complainant and her husband which was signed by all the relatives
on 17.1.2016 and thereafter complainant started living at Gurgaon
with her husband.
5. It is contended that in the compromise, there is no allegation
with regard to outraging modesty. It is also contended that there
is no allegation with regard to demand of dowry and with regard
to treating the complainant with cruelty.
6. Learned Public Prosecutor and counsel for the complainant
have opposed the Criminal Miscellaneous Bail No. 1157/2018
of Rahul Kulshrestha. Their contention is that petitioner-Rahul
Kulshrestha has outraged the modesty of the complainant. Prior to
the compromise which was arrived at between the complainant
and the prosecutrix is of 17.1.2016.
(3 of 4)
7. I have considered the contentions.
8. Considering the contentions of counsel for the parties, in the
Criminal Bail Cancellation Application No.13/2018, respondent
No.2-Poonam Kulshrestha was given benefit of bail by this Court
as she is a widow lady and a senior citizen and her custodial
interrogation was not required. Further after 17.1.2016, her son
was staying separately with the complainant, hence, I do not
deem it proper to entertain application for cancellation of bail. The
same is rejected.
9. As far as the anticipatory bail application of petitioner-Rahul
Kulshreshtha in S.B. Criminal Miscellaneous Bail No. 1157/2018, is
concerned, there has been no allegation of outraging modesty of
complainant in the compromise which took place on 17.1.2016.
Marriage of complainant took place in the year, 2013 and after a
belated period, she has levelled allegations against petitioner-
Rahul Kulshreshtha, hence, I deem it proper to allow the
anticipatory bail application of Rahul kulshreshtha.
10. Application for cancellation of bail of respondent No.2-
Poonam Kulshreshtha is rejected and the anticipatory bail
application of Rahul Kulshreshtha is allowed. The
S.H.O/I.O/Arresting Officer, Police Station Mahila Thana, South,
Jaipur in F.I.R. No.66/2017 is directed that in the event of arrest
of the petitioner-Rahul Kulshreshtha he shall be released on bail,
provided he furnishes a personal bond in the sum of Rs.50,000/-
with two sureties in the sum of Rs. 25,000/- each to his
satisfaction on the following conditions :-
(4 of 4)
(i). that the petitioner-Rahul Kulshreshtha shall make himself
available for interrogation by a police officer as and when
(ii). that the petitioner-Rahul Kulshreshtha 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 any police officer, and
(iii). that the petitioner-Rahul Kulshreshtha shall not leave India
without previous permission of the court.
(PANKAJ BHANDARI), J.