Allowed

Ashish S/O Gopal Krishan v. State of Rajasthan

Rajasthan HC5 Oct 2021CRLMB/2636/2021

Case brief

AI extract

What is this about?

This order grants anticipatory bail to two petitioners in an FIR under Sections 498-A and 406 of IPC. The court noted a registered compromise document involving Stridhan but allowed bail subject to furnishing a personal bond and sureties and adhering to standard conditions regarding interrogation and non-interference.

What did the court decide?

Anticipatory bail granted on a personal bond of Rs. 20,000 with two sureties each of the like amount, subject to standard conditions.

Ashish S/O Gopal Krishan Vs State of Rajasthan — Domestic Violence | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2636/2021

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Ashish S/o Gopal Krishan, R/o House No. 1/6681 East Rohtash Nagar Shahdara Delhi-110032

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Gopal Krishan S/o Ramnath, R/o House No. 1/6681 East Rohtash Nagar Shahdara Delhi-32

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----Petitioners

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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) : Ms. Sushma Verma For Respondent(s) : Mr. Ramesh Choudhary, PP Mr. Yogendra Singh for complainant

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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05/10/2021

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The bail application has been filed under Section 438 CrPC. in connection with FIR No.379/2020 registered at Police Station Bandikui, District Dausa for the offences under Section 498-A & 406 of IPC whereupon the investigation was commenced. Apprehending their arrest, the petitioners moved the bail application before the court below, which was dismissed. Hence, the present bail application has been filed.

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Learned counsel for the petitioners has placed before this court a registered document wherein both husband and wife entered into a compromise mentioning therein that wife has taken away her own “Stridhan”. Thereafter, she has entered into a compromise to stay together in the matrimonial house whereafter again an FIR has been registered under Sections 498-A & 406 IPC.

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(2 of 2)

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[CRLMB-2636/2021]

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Learned counsel for the petitioners submits that it is a case of harassment and extortion on the part of the wife as against the husband. Even in mediation, the petitioners participated but the same has been unsuccessful.

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Learned counsel appearing for the complainant opposes the bail application and submits that the compromise arrived at earlier was by force. However, the court finds that it is a duly registered document signed at her own violation, which cannot be doubted.

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Without commenting further on merits of the case, this bail application filed under Section 438 CrPC is allowed and it is directed that in the event of arrest of petitioners- (1) Ashish S/o Gopal Krishan, & (2) Gopal Krishan S/o Ramnath, in the aforesaid FIR, they shall be released on bail by the concerned SHO/Investigating Officer, provided each of them furnishes a personal bond in the sum of Rs. 20,000/- with two sureties each of the like amount to their satisfaction on the following conditions:

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i) That the petitioners shall make themselves available for interrogation by a police officer, as and when required;

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ii) That the petitioners 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 them from disclosing such facts to the court or to any police officer;

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iii) That the petitioners shall not leave India without previous permission of the court;

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iv) That the petitioners shall not commit any offence similar to the offence of which they are accused or suspected.

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(SANJEEV PRAKASH SHARMA),J

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SAURABH/5

Ashish S/O Gopal Krishan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashish S/O Gopal Krishan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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