Pawan Kumar vs State Of Rajasthan
2021 Latest Caselaw 2677 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 903/2021

Pawan Kumar S/o Sh. Madanlal, Aged About 45 Years, Makaan No. 3934, Mandir Shri Shyam Bihari Ji, Deenanath Ji Ka Rasta, Aakhiri Choraha, Chandpol Bazaar, Jaipur.

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.P
                                                                ----Respondent


For Petitioner(s)        :     Ms. Kirti Pareek
For Respondent(s)        :     Mr. A.R. Choudhary, PP



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                         Judgment / Order

01/02/2021

Heard learned counsel for the parties and perused the

material available on record.

This anticipatory bail application has been filed by the

petitioner apprehending his arrest in connection with F.I.R.

No.27/2018, Mahila Police Station, Jodhpur City West for the

offences under Sections 498-A, 406 & 354 IPC

The complainant's marriage was solemnized with the

petitioner about 18 years ago. The complainant filed the FIR by

arraigning the petitioner Pawan Kumar, Madan Lal and Bhanwari

Devi as accused in this case, out of whom, the accused Pawan

Kumar and Madan Lal approached this Court by filing a Criminal

Misc. Petition (No.993/2018) wherein the proceedings of the FIR

has been quashed by this Court by order dated 05.01.2021 qua

the accused Madanlal and Smt. Bhanwari Devi.

                                                                           (2 of 2)                  [CRLMB-903/2021]



                                         Thus,     having    regard      to     the     entirety    of   facts   and

circumstances as available on record and upon a consideration of

the arguments advanced at the bar, this Court is of the opinion

that there is no requirement for custodial interrogation of the

accused petitioner in this case and it is a fit case to extend the

benefit of pre-arrest bail to the petitioner under Section 438

Cr.P.C.

Accordingly, the bail application is allowed and it is directed

that in the event of arrest of petitioner Pawan Kumar S/o Shri

Madanlal in connection with F.I.R. No.27/2018, Mahila Police

Station, Jodhpur City West, the petitioner shall be released on

bail; provided he furnishes a personal bond in the sum of

Rs.50,000/- along with two sureties of Rs.25,000/- each to the

satisfaction of the concerned Investigating Officer/S.H.O. on the

following conditions :-

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

(ii). that the petitioner(s) 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(s) shall not leave India without previous

permission of the court.

(SANDEEP MEHTA),J 48-Sudhir Asopa/-

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