Allowed

Mahipal Singh Garhwal S/O Sh. Kanaram Garhwal v. State of Rajasthan

Rajasthan HC6 Apr 2021CRLMB/4572/2021

Case brief

AI extract

What is this about?

This order grants bail in a bail application filed by a petitioner arrested under Sections 420, 376-D and 506 IPC. The court noted allegations of a false FIR based on matrimonial relations and granted bail provisionally.

What did the court decide?

Accused-enabled on bail with personal bond of Rs.1 lakh and two sureties of Rs.50,000 each under Section 439 Cr.P.C.

Mahipal Singh Garhwal S/O Sh. Kanaram Garhwal Vs… — Matrimonial and Divorce | 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. 4572/2021

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Mahipal Singh Garhwal S/o Sh. Kanaram Garhwal, Resident Of Dhani Badha Wali, Tehsil Ranjitpura, Police Station Govindgarh, Distt. Jaipur. (At Present Confined In Jail In Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent For Petitioner(s) : Mr. Raj Kumar Garhwal, Mr. Nishant Sharma For Respondent(s) : Mr. S.S. Ola, P.P.

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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06/04/2021

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The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.42/2021 registered at Police Station Govindgarh, District Jaipur (Rural) for the offence under Section(s) 420, 376-D & 506 IPC.

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Learned counsel for the petitioner submitted that prosecutrix, aged 21 years, has solemnized marriage with him on 09.10.2020 out of her free volition and subsequently, under family pressure, a false FIR has been lodged against him. He submitted that the petitioner is in custody since 03.02.2021, investigation as against him is complete, he has no criminal antecedents and prayed for his release on bail.

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Learned Public Prosecutor has opposed the bail application.

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Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against

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(2 of 2)

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[CRLMB-4572/2021]

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him, the material contained in the charge sheet, especially the agreement dated 09.10.2020, the statements of Smt. Parvati Devi and Govind Garhwal recorded under Section 161 Cr.P.C and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application is allowed and it is directed that accused-petitioner Mahipal Singh Garhwal S/o Sh. Kanaram Garhwal shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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(MAHENDAR KUMAR GOYAL),J

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DANISH USMANI /13

Mahipal Singh Garhwal S/O Sh. Kanaram Garhwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahipal Singh Garhwal S/O Sh. Kanaram Garhwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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