Allowed

Basant Mandal S/O Late Shri Hemant Mandal v. State of Rajasthan

Rajasthan HC22 Aug 2022CRLMB/3263/2022

Case brief

AI extract

What is this about?

Basant Mandal filed an anticipatory bail application fearing arrest in a matrimonial dispute involving Sections 498A, 406, and 32 IPC. The High Court noted false implication and deemed it just to allow the application, directing the SHO to release him on bond conditions.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each and standard conditions.

Basant Mandal S/O Late Shri Hemant Mandal Vs State… — 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. 3263/2022

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Basant Mandal S/o Late Shri Hemant Mandal, R/o C-8, P.n.t. Colony, G.p.o. M.i. Road, Jaipur, At Present Posted As Group D Care Taker, C.g.m.t., B.s.n.l. 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

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For Petitioner(s) : Mr. Ram Ratan Gurjar For Respondent(s) : Mr. BL Nasuna, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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22/08/2022

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Apprehending his arrest in connection with FIR No. 291/2021 registered at Police Station Mahila Thana, District Jaipur City North for the offence(s) under Sections 498A, 406 & 323 IPC, the petitioner has preferred this anticipatory bail application under Section 438 Cr.P.C.

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Learned counsel for the accused-petitioner submits that the present accused-petitioner has nothing to do with the alleged offences. He has falsely been implicated in this case. He submits that the petitioner has joined the investigation. The case pertains to a matrimonial dispute in between the spouses. The marriage got solemnized in the year 1999 and the parties have spent good time with each other. The FIR came to be lodged in the year 2021. It is a case where provision of Section 41 Cr.P.C. is applicable and reliance can be placed on the judgment passed by Hon’ble the

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(2 of 2)

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[CRLMB-3263/2022]

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Supreme Court in the case of Arnesh Kumar v. State of Bihar [AIR 2014 SC 2756]. His custodial interrogation would not be required for any purpose. Trial is likely to take long time to conclude.

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Learned Public Prosecutor has vehemently opposed the bail application.

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Having considered the overall allegations leveled in the FIR, contentions made by the counsel for the accused-petitioner and taking into account the totality of facts and circumstances 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 Mahila Thana, District Jaipur City North in F.I.R. No. 291/2021 is directed that in the event of arrest of the petitioner- Basant Mandal S/o Late Shri Hemant Mandal, he shall be released on bail, provided he 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 petitioner shall make himself available for interrogation by a police officer as and when required;

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(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

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

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(FARJAND ALI),J

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SAHIL/181

Basant Mandal S/O Late Shri Hemant Mandal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Basant Mandal S/O Late Shri Hemant Mandal v. State of Rajasthan

Case brief

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What did the court decide?

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