Mahesh Pareek vs State Of Rajasthan

This application for anticipatory bail under Section 438 of Cr.P.C. has been filed by the petitioner apprehending his arrest in connection with F.I.R. No. 289/2017, Police Station Merta City, District Nagaur for the offence under Section 376/109 of I.P.C.

The parties i.e. petitioner - Mahesh Pareek and the complainant - Mrs. Rajbala both are present before this Court.

The proof regarding their identification has also been produced before this Court, which is taken on record.

Heard the petitioner, complainant and learned Public Prosecutor. Perused the material available on record.

The complainant - Mrs. Rajbala has submitted that she has solemnized marriage with the petitioner. Her statement under Sections 161, 164 and 200 of Cr.P.C. were recorded under the pressure of her family members. She further submits that no wrong has been committed by the petitioner with her. She is legally wedded wife of the petitioner and does not want to prosecute the petitioner any further.

Learned Public Prosecutor while opposing the bail submits that the police after investigation has filed the negative final report. However, on a protest petition filed by the complainant, the competent court has taken cognizance against the petitioner - Mahesh Pareek.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the complainant - Mrs. Rajbala has admitted that no wrong has been committed by the petitioner with her, her statements under Sections 161, 164 & 200 of Cr.P.C. were recorded under pressure of her family members and she wants to live with the petitioner of her own free will and volition, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 of Cr.P.C.

Accordingly, the bail application under Section 438 of Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner - Mahesh Pareek S/o Babulal Pareek in connection with F.I.R. No. 289/2017, Police Station Merta City, District Nagaur, he shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) 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.