Rajesh Tanwar vs State
2021 Latest Caselaw 6848 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 8620/2020

Rajesh Tanwar S/o Sh. Bhagwan Sahay Tanwar, Aged About 30 Years, R/o Ward No. 6, Mishar Colony, Phulera, Tehsil Phulera, District Jaipur (Raj.).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. K.L. Chauhan

For Respondent(s) : Mr. Shrawan Bishnoi, PP

Mr. B.S. Mertia for complainant

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

09/03/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) apprehend(s) his/her/their arrest in

connection with FIR No.57/2019 of Police Station Merta

Road, Distt. Nagaur for the offence(s) punishable under

Section(s) 498-A, 406 and 304-B IPC.

Learned counsel for the petitioner has submitted that

allegation against the petitioner of committing murder of

his wife is absolutely false. It is submitted that the FIR

regarding the alleged incident has been lodged after a

delay of four and half months. It is further submitted that

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soon after the death of wife of the petitioner, her parents

were informed about the incident and at the time of

cremation of the deceased, all of them were present

there, however later on, the complainant has filed FIR

with the intention to harass the petitioner.

Per contra, learned Public Prosecutor as well as

learned counsel for the complainant have opposed the

bail application(s).

Having regard to the totality of the facts and

circumstances of the case; after going through the case

diary, without expressing any opinion on the merits of the

case, I deem it just and proper to grant anticipatory bail

to the accused petitioner(s) under Section 438 Cr.P.C.

Accordingly, this/these bail application(s) under Section 438 Cr.P.C. is/are allowed and it is directed that

in the event of arrest of petitioner(s) - Rajesh Tanwar

S/o Sh. Bhagwan Sahay Tanwar in connection with FIR

No.57/2019 of Police Station Merta Road, Distt. Nagaur,

he/she/they shall be enlarged on bail provided

he/she/they furnishes 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 the concerned

I.O./S.H.O. on the following conditions:-

(i) that the petitioner(s) shall make himself/herself/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

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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.

(VIJAY BISHNOI),J

86-msrathore/-

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