Allowed

Ashok Kumar S/O Prabhudayal v. State of Rajasthan

Rajasthan HC19 Jul 2022CRLMB/4386/2022

Case brief

AI extract

What is this about?

High Court of Rajasthan allowed an application for anticipatory bail under Section 438 Cr.P.C. for a petitioner facing charges of sexual harassment. The court considered the compromise between the petitioner and the prosecutrix.

What did the court decide?

The anticipatory bail application is allowed. The petitioner is directed to be released on bail upon furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Ashok Kumar S/O Prabhudayal Vs State of Rajasthan — Bail and Remand | 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. 4386/2022

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Ashok Kumar S/o Prabhudayal, R/o Teekawali Dhani, Bhandeda, Tehsil Baswa, District Dausa

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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. P.C. Sharma. For Respondent(s) : Mr. B.L. Nasuna, PP. Mr. Vishwas Saini.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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19/07/2022

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Apprehending the arrest, the present bail application has been filed by the petitioner Ashok Kumar S/o Prabhudayal under Section 438 Cr.P.C. in connection with FIR No. 132/2021 registered at Police Station Bandikui, Dausa for the offence(s) under Sections 376 IPC.

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Learned counsel for the petitioner submits that the petitioner has nothing to do with the alleged offence and his custodial interrogation would not be required.

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Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. The prosecutrix is present in person before this Court and she has been identified by counsel for the complainant and candidly admits that a compromise has been executed between them and she does not wish to see the petitioner in custody.

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(2 of 2)

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[CRLMB-4386/2022]

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Considering the contentions put-forth by the counsel for the petitioner and 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 Bandikui, Dausa in F.I.R. No. 132/2021 is directed that in the event of arrest of the petitioner 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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PREETI VALECHA /127

Ashok Kumar S/O Prabhudayal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashok Kumar S/O Prabhudayal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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