Rakesh Kumar Goyal S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 7514 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 20076/2021

Rakesh Kumar Goyal S/o Shri Praveen Chand Goyal, R/o Plot No.
35-36 Near Nagar Nigam Ajmer Fire Station Gram Sendariya
Makupura Road Ajmer Raj.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Mahesh Gupta.
For Respondent(s)         :     Mr. Riyasat Ali, PP.
                                Mr. Rahul Aggarwal, for Complainant.



              HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

10/12/2021

1. The present bail application has been filed under Section 438

Cr.P.C. in connection with FIR No.406/2020 registered at Police

Station Christianganj District Ajmer for the offence(s) under

Sections 420, 498-A, 406 and 120-B IPC.

2. Learned counsel for the petitioner submits that the marriage

of the petitioner was solemnized with the complainant of this case

on 02.06.2009 and thereafter for a long time they lived peacefully

and enjoyed the marital life but later on marital strife arose in

between them in the year 2019 and accordingly an FIR No.

148/2019 came to be registered at Police Station Mahila Thana,

Ajmer for committing offences under Sections 498, 406 and 377

of IPC. It is submitted that after lodging of that FIR the dispute

had been resolved by the parties through an amicable settlement

and the party proceeded to dissolve the marriage solemnized in

(2 of 3) [CRLMB-20076/2021]

between them. Acting upon the compromise, a petition under

Section 13B of the Hindu Marriage Act was submitted before the

family Court, Ajmer on 27.03.2019 and as a first motion, showing

the intent of dissolution of marriage. As per the terms and

conditions agreed between the parties, a total sum of Rs. 45 lac

was given to the complainant, however, rift came in between the

parties and subsequently the petition under Section 13B of Hindu

Marriage Act came to be withdrawn on 10.10.2019. It is notable

that since the registration of first FIR, the parties never cohabited

and now again by way of FIR 406/2020 at Police Station

Christianganj District Ajmer, efforts are being made to arrest the

petitioner for accusation of committing offence under Section

498A, 406, 420 IPC. Counsel further submits that subsequent or

second FIR on the same facts, would be nothing but a gross abuse

of process of law; in view of the judgment passed by the Supreme

Court in T.T Antony versus State of Kerala (2001) in Special Leave

Petition (crl.) 1522 of 2000. He thus prays that in these

circumstances, the benefit of pre-arrest bail may be extended to

the petitioner.

3. Learned Public Prosecutor and counsel for the complainant

have vehemently and fervently opposed the bail application and

submitted that as the conditions of dissolution of marriage were

not fulfilled by the petitioner and since there was a clause in the

divorce petition that in case a rift subsist, she may be permitted to

re-agitate the matter.

4. Heard and considered the material available on record.

4. Considering the contentions put-forth by the counsel for the

petitioner and taking into account the totality of facts and

(3 of 3) [CRLMB-20076/2021]

circumstances of the case and the fact that after lodging of FIR,

the parties do not cohabited and without expressing any opinion

on the merits of the case, this court deems it just and proper to

allow the anticipatory bail application.

5. Accordingly, the anticipatory bail application is allowed. The

S.H.O/I.O/Arresting Officer, Police Station Christianganj District

Ajmer in F.I.R. No. 406/2020 is directed that in the event of arrest

of the petitioner-Rakesh Kumar Goyal S/o Shri Praveen

Chand Goyal 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 the satisfaction of the

S.H.O/I.O/Arresting Officer of the concerned Police Station on the

following conditions:-

(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii) that the petitioner 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 shall not leave India without previous permission of the court.

(FARJAND ALI),J

PREETI VALECHA /144

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