Hitesh Gehlot vs State Of Rajasthan

Kuldeep Mathur, J

This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.46/2024, registered at Police Station Mahamandir, Jodhpur City East, for the offences under Sections 354, 354(a), 354(d) and 498-A of the IPC.

Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the Investigating Agency after making thorough investigation against the present petitioner has submitted a charge-sheet against him for the offences under Section 498-A of the IPC. Learned counsel submitted that since charge-sheet against the petitioner has already been filed before the competent criminal court, no fruitful purpose would be served by sending the petitioner behind the bars for an indefinite period. Lastly, learned counsel submitted that since the investigation against the petitioner has already been competed, therefore, he may be granted anticipatory bail.

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for anticipatory bail. However, they were not in a position to refute the fact that the investigation has already been competed and charge sheet against the petitioner has been filed before the competent criminal court for the offence under Section 498-A of the IPC.

Heard the learned counsel for the parties and perused the impugned order.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner- Hitesh Gehlot S/o Surendra Singh Gehlot, in connection with FIR No.46/2024, registered at Police Station Mahamandir, Jodhpur City East, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- each 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 shall make himself available for interrogation by a police officer as and when required;

(ii). that the petitioner 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 shall not leave India without previous permission of the court.

However, it is made clear that the trial court shall be at liberty to proceed in the criminal case pending before it against the present petitioner without being prejudiced by this order.