Allowed

Shakuntala W/O Late Banji Singh v. State of Rajasthan

Rajasthan HC16 May 2022CRLMB/1357/2022

Case brief

AI extract

What is this about?

The Court allowed the anticipatory bail application of the petitioners, finding that their names were unnecessarily dragged into a marital discord case where the husband had already been granted regular bail. The Court directed their release on personal bonds with conditions if arrested.

What did the court decide?

Anticipatory bail allowed. Petitioners to be released on personal bonds of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to conditions of cooperation with police and no tampering with evi

Shakuntala W/O Late Banji Singh Vs State of… — Matrimonial and Divorce | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1357/2022

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Shakuntala W/o Late Banji Singh, Aged About 70 Years, Resident Of Inayati Police Station, Sapotara, District Karauli

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Raghuvir Singh S/o Banji Singh, Aged About 50 Years, Resident Of Inayati Police Staion Sapotara, District Karauli.

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Balveer Singh S/o Banji Singh, Aged About 46 Years, Resident Of Inayati Police Staion Sapotara, District Karauli.

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Pawanvir Singh S/o Banji Singh, Aged About 36 Years, Resident Of Inayati At Present Resident Of Gangapur City, Police Station Gangapurcity, District Sawai Madhopur.

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Neetu W/o Pawanveer Singh, Aged About 34 Years, Resident Of Inayati At Present Resident Of Gangapur City, Police Station Gangapurcity, District Sawai Madhopur.

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Mahendra Singh S/o Hukum Singh, Aged About 47 Years, Resident Of Masawata, Police Station Sapotara, District Karauli

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Pinky W/o Mahendra Singh, Aged About 42 Years, Resident Of Masawata, Police Station Sapotara, District Karauli

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Madhu W/o Deependra Singh, Aged About 40 Years, Resident Of Murlipura, Jaipur Policer Station Murlipura, District Jaipur (Raj.)

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----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mukesh Pal Jadoun For Respondent(s) : Mr. Laxman Meena, PP Mr. R.S. Rajawat for Mr. Deepak Chouhan

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HON'BLE MR. JUSTICE FARJAND ALI

Order

16/05/2022

(2 of 3)

[CRLMB-1357/2022]

The present bail application has been filed under Section 438 Cr.P.C. on behalf of the accused-petitioners Shakuntala W/o Late Banji Singh, Raghuvir Singh S/o Banji Singh, Balveer Singh S/o Banji Singh, Pawanvir Singh S/o Banji Singh, Neetu W/o Pawanveer Singh, Mahendra Singh S/o Hukum Singh, Pinky W/o Mahendra Singhv & Madhu W/o Deependra Singh in connection with FIR No. 605/2021 registered at Police Station Mahua, District Dausa for the offence(s) under Sections 498A, 406 & 377 IPC.

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Learned counsel for the petitioners submits that the accusedpetitioners have falsely been implicated in this case. They have nothing to do with the alleged offences. There seems to be a marital discord in between the spouses. The petitioners include mother-in-law, brother-in-law and sister-in-law of the complainant. Learned counsel submits that their names have unnecessarily been dragged into the matter. The husband of the complainant has been arrested and released on regular bail by the Court below, thus, there would be no justification to direct the petitioners first to admit to jail and then to release on bail. He drew attention of this Court towards the 41^st Report of the Law Commission of India whereby the recommendation for making the provision of anticipatory bail was made. In para 49.9 of the said report, it is also recommended that whenever it comes to notice that there is a case in which after custody, the accused has to be released on bail then why he should be compelled to first be admitted to jail and then be released on bail.

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Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.

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(3 of 3)

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[CRLMB-1357/2022]

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Having considered the overall allegations leveled in the FIR

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and contentions made by the counsel for the accused-petitioners.

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Taking into account the totality of facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application.

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Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Mahuwa District Dausa in F.I.R. No. 605/2021 is directed that in the event of arrest of the petitioners- Shakuntala W/o Late Banji Singh, Raghuvir Singh S/o Banji Singh, Balveer Singh S/o Banji Singh, Pawanvir Singh S/o Banji Singh, Neetu W/o Pawanveer Singh, Mahendra Singh S/o Hukum Singh, Pinky W/o Mahendra Singhv & Madhu W/o Deependra Singh, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station 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 him from disclosing such facts to the court or any police officer, and

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

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(FARJAND ALI),J

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SAHIL SONI /123

Shakuntala W/O Late Banji Singh v. State of Rajasthan

Case brief

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Shakuntala W/O Late Banji Singh v. State of Rajasthan

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