Sunil Kumar vs State Of Rajasthan
2021 Latest Caselaw 7952 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3830/2021

1. Sunil Kumar S/o Mool Chand, Aged About 34 Years, Resident Of Borawad, District Nagaur.

2. Anil Kumar S/o Mool Chand, Aged About 30 Years, Resident Of Borawad, District Nagaur.

----Petitioners Versus State Of Rajasthan, Through The Public Prosecutor

----Respondent

For Petitioner(s) : Mr. T.R.S. Sodha For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

22/03/2021

Heard learned counsel for the petitioners and earned Public

Prosecutor and perused the material available on record.

This anticipatory bail application has been filed by the

petitioners apprehending their arrest in connection with FIR

No.81/2016, registered at Police Station Kuchaman, District

Nagaur for the offences under Sections 498-A, 406 & 354 of the

IPC.

The FIR came to be lodged way back in the year 2016. A

perusal of the proceedings under Section 9 of the Hindu Marriage

Act instituted by the petitioner No.2 Anil Kumar against the

complainant and the reply filed thereto by her indicates that the

complainant remained at the matrimonial home only for eighteen

days after her marriage which took place in the year 2014.

                                                                           (2 of 2)                        [CRLMB-3830/2021]



                                         Thus,     having    regard       to     the     entirety         of   facts   and

circumstances as available on record, this Court is of the opinion

that it is a fit case to extend the benefit of pre-arrest 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 (1) Sunil Kumar S/o Shri

Mool Chand and (2) Anil Kumar S/o Shri Mool Chand in connection

with FIR No.81/2016, registered at Police Station Kuchaman,

District Nagaur, the petitioners shall be released on bail; provided

each of them 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

124-Sudhir Asopa/-

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