HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9217/2023
1. Vaibhav Aggarwal S/o Sh. Vinay Aggarwal, R/o Defence Colony, New Delhi - 110024.
2. Jaya Gupta W/o Vaibhav Aggarwal, Aged About 34 Years, R/o Defence Colony, New Delhi. 110024.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Aayushi Khandelwal D/o Shri Satya Narayan Khandelwal, S-5, Mahaveer Nagar, Tonk Road, Jaipur. ----Respondents
For Petitioner(s) : Mr. V.R. Bajva, Sr. Advocate assisted by Mr. Sandeep Pathak
For Respondent(s) : Mr. Chandragupt Chopra, PP Mr. Vishal Pareek for
Mr. Deepak Chauhan
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order
07/08/2023
1. The instant pre-arrest bail application has been filed under Section 438 Cr.P.C. on behalf of the petitioners (brother-in-law (Nandoi) & sister-in-law (Nanad) of the complainant), who are having apprehension of their arrest in connection with FIR No.145/2023 registered at Police Station Mahila Thana, District Jaipur City (East) for the offences under Sections 498-A, 406, 420, 323, 506 & 120-B of IPC.
2. Learned counsel for the petitioners submits that there is a matrimonial dispute between complainant and her husband, who is brother of petitioner No.2. He submits that marriage of the
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complainant was solemnized with brother of petitioner No.2 in the year 2019 and after four years of marriage, this FIR has been lodged. He further submits that the petitioners have been made accused in this case to make pressure upon the husband of the complainant. Learned counsel submits that petitioners are residing separately and have nothing to do with the allegations levelled in the FIR. He also submits that no custodial interrogation of the petitioners is required in this matter.
3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the bail application and submits that specific role is assigned to the petitioners in the FIR.
4. Considering the contentions put-forth by the counsel for the petitioners and taking into account the totality of facts and circumstances of the case especially looking to the relation of the complainant with the petitioners, but without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application.
5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Mahila Thana, District Jaipur City (East) in FIR No.145/2023 is directed that in the event of arrest of the petitioners - (1) Vaibhav Aggarwal S/o Sh. Vinay Aggarwal (2) Jaya Gupta W/o Vaibhav Aggarwal, they shall be released on bail, provided each of them furnish 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;
(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
(iii) that the petitioners shall not leave India without previous permission of the court.
(ANIL KUMAR UPMAN),J
282-Nirmala
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