Harish Khetwani vs State
2021 Latest Caselaw 2223 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 528/2021

1. Harish Khetwani S/o Ghanshyam Khetwani, Aged About 53 Years,

2. Smt. Roma Khetwani W/o Harish Khetwani, Aged 50 Years, Both by Caste Sindhi, R/o 201, Manas Tower, Anandpuri Darbar Ke Pass, Jhulelal Mandir Road, Ullas Nagar 2 Kalyan Mumbai.

----Petitioners Versus State of Raj., Through P.P.

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Mukhtiar Khan, PP Mr. Nilay Bohra for complainant

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment / Order

27/01/2021 This application for anticipatory bail has been filed by the

petitioners apprehending their arrest in connection with F.I.R.

No.160/2020, Mahila Police Thana, West Jodhpur, for the offences

under Sections 498A, 406, 323 of IPC.

Heard learned counsel for the petitioners and learned Public

Prosecutor as well as counsel for the complainant. Perused the

material available on record.

Learned counsel for the petitioners stated that omnibus

allegations are levelled against the accused-petitioners; they are

father-in-law and mother-in-law of complainant. He further stated

that complainant's husband has joined the investigation and no

specific allegation has raised against the petitioners. Therefore,

(2 of 2) [CRLMB-528/2021]

benefit of anticipatory bail may be granted to the petitioners.

Per contra, learned Public Prosecutor as well as counsel for

the complainant opposed the bail application but could not

controvert this fact that allegation are omnibus.

Having regard to the facts and circumstances of the case and

looking to the fact that petitioners are father-in-law and mother-

in-law of complainant living at Mumbai, this Court is of the opinion

that it is a fit case for grant of anticipatory bail to the petitioners

under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed

that in the event of arrest of petitioners No. 1. Harish Khetwani S/

o Ghanshyam Khetwani, 2. Smt. Roma Khetwani W/o Harish

Khetwani, in connection with F.I.R. No.160/2020, Mahila Police

Thana, West Jodhpur, the petitioners shall be released on bail;

provided they 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/themselves 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.

(DEVENDRA KACHHAWAHA),J 67-amit/-

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