High Court Rajasthan High Court - Jodhpur

Jasraj & Anr vs State on 12 August, 2009

Rajasthan High Court – Jodhpur
Jasraj & Anr vs State on 12 August, 2009
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 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
             PRINCIPAL SEAT, JODHPUR
                       ORDER
                         In
       S.B. Cr. Misc. Bail Appl. No.4019/2009
            {Jasraj and Smt. Godawari Vs. The
            State of Rajasthan}
         Date of Order ::: 12th August, 2009
                       PRESENT
      HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN
Shri Manish Vyas, Counsel for petitioners
Shri Ashok Prajapat, PP for the State
Shri P.C. Solanki, Counsel for complainant
                       ####

By the Court:

Heard learned counsel for petitioners,
learned counsel for the complainant and learned
Public Prosecutor, and perused the material/case
diary made available to me during the arguments of
the case.

It is contended on behalf of petitioners that
the petitioners are father-in-law and mother-in-
law aged about 74 and 70 years, respectively; the
husband of complainant has already been arrested
and released on bail; therefore, looking to all
the facts and circumstances of the case, including
the nature of offence and age of the petitioners,
the indulgence of Section 438 Cr.P.C. may be
granted to them.

The bail application is opposed by the
learned counsel for the complainant.

Taking into consideration all the facts and
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circumstances of the case and without expressing
any opinion on its merits and demerits, I allow
this bail application under Section 438 Cr.P.C.

Therefore, the S.H.O./I.O. of the Police
Station Sadri is directed that in the event of
arrest of the petitioners, namely, (1) Jasraj S/o
Shri Poonam Chand and (2) Smt. Godawari W/o Shri
Jasraj, Both Residents of Sadri, Tehsil Desuri,
District Pali, in FIR No.45/2009, under Sections
498A
and 406, IPC, he shall enlarge them on bail,
provided each of them furnishes a personal bond in
the sum of Rs.25,000/- (Rupees twenty five
thousand only) with one surety of the like amount
to his satisfaction on the following conditions:-

(i) They shall make themselves available
for interrogation by Investigating
Officer as and when required;

(ii) They 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 to any Police officer;

(iii)They shall not leave India without
the previous permission of the
Court.

(NARENDRA KUMAR JAIN), J.

//Jaiman//