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Judgments of Supreme Court of India and High Courts

Vijay Godara vs State Of Rajasthan on 10 January, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 40/2019

Vijay Godara S/o Late Moman Ram (Adopted) Krishan Chand,
Aged About 35 Years, B/c Jat, Ward No 39, Sureshiya
Fajaldinwala Hanumangarh Junction P.s. Mahila Hanumangarh
Distt. Hanumangarh . At Present House No 1670, Ground Floor,
Sushant Lok Phase Gurugram (Haryana) (Lodged In Distt. Jail ,
Hanumangarh)

—-Petitioner
Versus
State Of Rajasthan, Through Pp

—-Respondent

For Petitioner(s) : Mr Kuldeep Sharma
For Respondent(s) : Mr Arjun Singh, Public Prosecutor
Mr Chandraveer Singh, for the
complainant

HON’BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

10/01/2019

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.189/2018 of

Mahila Police Station, Hanumangarh for the offences punishable

under Sections 498A, 406, 323, 494, 377 IPC. He has preferred

this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the petitioner

has been falsely implicated in this case. The marriage of the

petitioner and the complainant was solemnized about 17 years

back. It is submitted that now due to matrimonial dispute between

the petitioner and the complainant, the petitioner has filed an
(2 of 2) [CRLMB-40/2019]

application seeking divorce from her and after receiving of the

notice of the Divorce Application, this false FIR has been lodged

against the petitioner. It is also submitted that charge sheet has

already been filed in this case and trial of the case is likely to take

some time.

Learned Public Prosecutor has opposed the bail application.

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 bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner – Vijay Godara

son of late Moman Ram (adopted) Krishan Chand shall be released

on bail in connection with FIR No.189/2018 of Manila Police

Station Hanumangarh provided he executes a personal bond in the

sum of Rs.50,000/- with two sound and solvent sureties of

Rs.25,000/- each to the satisfaction of learned trial court for his

appearance before that court on each and every date of hearing

and whenever called upon to do so till the completion of the trial.

(VIJAY BISHNOI),J

146-MMA/-

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