Allowed

Pinky Saini v. State of Rajasthan

Rajasthan HC23 Jul 2019CRLMB/3221/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted anticipatory bail to Pinky Saini, a minor girl, in connection with an FIR under Section 306 IPC alleging her role in the suicide of a classmate via harassment.

What did the court decide?

Grants anticipatory bail on furnishing a bond of Rs. 50,000 with two sureties of Rs. 25,000 each, subject to standard conditions of appearance, no attempt to influence witnesses, and not leaving India

Pinky Saini Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3221/2019

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Pinky Saini D/o Rajendra Kumar, Aged About 19 Years, B/c Mali, R/o W.no. 1, Dujar Police Station Ladnu, District Nagaur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Sushil Solanki For Respondent(s) : Mr. Vikram Sharma, PP with Mr.Ravindra Khichi, APP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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23/07/2019

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Heard learned counsel for the parties and perused the material available on record.

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The petitioner apprehends her arrest in connection with FIR No.114/2016 of Police Station Jaswantgarh, Distt. Nagaur for the offence punishable under Section 306 IPC.

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In this matter, complainant – Rawat Singh lodged an FIR to the effect that the petitioner along with other students of the school harassed his daughter, therefore, she committed suicide on 13.8.2016.

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I have gone through the charge-sheet filed by the police against one of the co-accused – Bhagwan Ram. In the said

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(2 of 3)

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[CRLMB-3221/2019]

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charge-sheet, the so-called suicide note of the deceased is also enclosed wherein, along with three co-accused persons, name of the petitioner is also mentioned. I have gone through the statements recorded by the police during the course of investigation including statements of some of the students of the school and in those statements, it is specifically mentioned that co-accused – Bhagwan Ram used to come in the class and made sarcastic comments about the friend of the deceased in the presence of other students. Many of the students had stated that it is co-accused - Praveen, who wrote name of the so-called friend of the deceased on the wall and the papers. Some of the witnesses had simply stated that the petitioner also used to harass the deceased along with other co-accused persons, however, no specific role has been assigned to her.

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Learned Public Prosecutor has opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case and keeping in view the fact that the petitioner was of tender age at the time of incident and is a girl, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the petitioner under Section 438 Cr.P.C.

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Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner - Pinky Saini D/o Rajendra Kumar in FIR No.114/2016 of Police Station Jaswantgarh, Distt. Nagaur, she shall be enlarged on bail provided she furnishes a personal bond in the sum of Rs.50,000/- with two sound and

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(3 of 3)

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[CRLMB-3221/2019]

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solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

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(i) that the petitioner(s) shall make himself/herself/themselves available for interrogation by a police officer as and when required;

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(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

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

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(VIJAY BISHNOI),J

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116-msrathore/-

Pinky Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pinky Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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