Rajasthan High Court - Jodhpur
Komal Narang vs State Of Rajasthan on 5 March, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7906/2020
Komal Narang S/o Shyamlal Narang, Aged About 29 Years, R/o
Plot No.9-10 Daara Colony Ward No.14 Near Chandigarh Hospital
Hanumangarh (Raj.).
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner : Dr. RDSS Kharlia
For Respondent : Mr. Laxman Solanki, P.P.
For Complainant : Mr. Digvijay Singh
for Mr. C.S. Kotwani
Present in Person : Ms. Rajesh, C.I., SHO,
Women Police Station, Sri Ganganagar
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/03/2021
Heard learned counsel for the parties and also perused the
material on record.
The petitioner apprehends his arrest in connection with FIR
No.117/2019 of Women Police Station, District Sri Ganganagar for
the offences punishable under Sections 406, 498-A, 313 and 377
IPC. He has preferred this anticipatory bail application under
Section 438 Cr.P.C.
Learned counsel for the petitioner has submitted that the
petitioner has falsely been implicated in this case. It is further
submitted that the allegations levelled against the petitioner in the
complaint are absolutely false. It is also submitted that the
(2 of 3) [CRLMB-7906/2020]
petitioner and the complainant got married on 13.12.2015 and
immediately thereafter both of them left for Bangkok, where the
petitioner used to serve. It is argued that the complainant stayed
with the petitioner for several months in Bangkok, however, due to
some minor dispute between them, they started quarreling with
each other and for that reason, later on, the complainant shifted
to India and thereafter has filed this FIR. It is further submitted
that the allegations of harassment for dowry and unnatural sex
are absolutely false and without any basis. It is also submitted
that pursuant to the direction given by this Court, the petitioner
has already joined the investigation and whatever the stridhan
belongs to the complainant has been returned to the police.
Learned Public Prosecutor as well as learned counsel for the
complainant have vehemently opposed the bail application.
Having regard to the totality of the facts and circumstances
of the case, after perusing the case diary and taking into
consideration the fact that the police have not found the
allegations of abortion and unnatural sex as prima facie proved
against the petitioner, during the course of investigation carried
out so far, and the petitioner has already joined the investigation
pursuant to the direction given by this Court and he was
interrogated by the Investigating Officer, without expressing any
opinion on the merits of the case, I deem it just and proper to
grant anticipatory bail to the accused petitioner under Section 438
Cr.P.C.
Accordingly, this bail application under Section 438 Cr.P.C. is
allowed and it is directed that in the event of arrest of the
petitioner - Komal Narang S/o Shyamlal Narang in FIR
(3 of 3) [CRLMB-7906/2020]
No.117/2019 of Women Police Station, District Sri Ganganagar he
shall be enlarged on bail provided he furnishes a personal bond in
a sum of Rs.50,000/- with two sound and solvent sureties of
Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O.
on the following conditions:-
(i) He shall make himself available for interrogation
by Investigating Officer as and when required;
(ii) He 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 to any Police Officer;
(iii) He shall not leave India without the previous
permission of the court.
(VIJAY BISHNOI),J
Abhishek Kumar
S.No.120
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