Dungar Singh vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner apprehends his arrest in connection with FIR No.111/2018 of Police Station Mathania, Jodhpur for the offences punishable under Sections 323, 354, 458, 314, 315 and 120-B IPC.

Learned counsel for the petitioner has submitted that as a matter of fact, the husband of the complainant was involved in kidnapping the minor daughter of the petitioner. It is submitted that the minor daughter of the petitioner was kidnapped and in relation to that, a criminal case was registered, in which, several persons including the husband of the complainant are accused. It is further submitted that the complainant has now filed a false FIR against the petitioner only with the intention to create pressure upon the petitioner so that he may withdraw the case filed against husband of the complainant and other persons. It is further argued that the allegation of commission of offence punishable under Section 315 IPC is false and the other allegation of outraging modesty of the complainant is also false. It is, thus, prayed that the petitioner may be granted benefit of anticipatory bail.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, 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 petitioner - Dungar Singh S/o Man Singh in FIR No.111/2018 of Police Station Mathania, Jodhpur, he shall be enlarged on bail provided he 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 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.