Rajasthan High Court - Jaipur
Harikishan Chouhan vs State Of Rajasthan Through P P on 24 August, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous Bail No. 9208 / 2017
Harikishan Chouhan S/o Late Ganpat Lal, Aged About 49 Years,
R/o Mukam Gowati Via Palsana, Tehsil Dataramgarh, Police Station
Khatushyamji, District Sikar, Presently Residing as Tenant 6/158,
Malviya Nagar, Posted As Constable No.884, F-Company 5th
Battalion R.A.C. Ghatgate, Jaipur. (Presently Undergoing
Imprisonment At Central Jail, Jaipur).
----Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Aniroodh Mathur on behalf of Mr. Anurag Sharma, AAG For State : Mr. S.K. Saini, PP _____________________________________________________ HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order 24/08/2017 The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner in the matter of FIR No. 12/2016 registered at Police Station S.O.G. Jaipur for offences punishable under Sections 193, 195, 196, 199, 211, 419, 384, 388, 389, 34 and 120-B of IPC.
Learned counsel for the petitioner submits that the allegation against the present petitioner is that after entering into criminal conspiracy with co-accused, they extorted Rs. 11 lacs from complainant on the pretext of lodging false case against the complainant- victim regarding committing rape. He submits that (2 of 3) [ CRLMB-9208/2017] out of aforesaid 11 lacs Rs. as per Investigating Officer one lac Rs. was received by the present petitioner- accused, though the allegations are false but he is ready to deposit aforesaid one lac Rs. before the Trial Court under protest. Petitioner is in custody since 09.01.2017 and after investigation Police has submitted charge-sheet, therefore petitioner may be released on bail.
Mr. Aniroodh Mathur learned counsel appearing on behalf of learned Additional Advocate General Mr. Anurag Sharma opposed the bail application and submitted that there are serious allegations against the present petitioner that being a Police constable he misused his position and after entering into criminal conspiracy with co-accused they threatened complainant- victim for lodging false rape case against him and extorted huge money, therefore bail application of present petitioner may be dismissed.
I have considered the submissions made at Bar. It is true that the allegations against the present petitioner are very serious but he is in custody since 09.01.2017, after investigation charge-sheet has been filed and he is willing to deposit the alleged amount before the Trial court under protest, in view of it I am inclined to grant benefit of bail to the accused- petitioner.
Consequently, the bail applications filed under Section 439 Cr.P.C. are allowed.
Therefore, it is ordered that the accused-petitioner Harikishan Chouhan S/o Late Ganpat Lal in FIR No. 12/2016 (3 of 3) [ CRLMB-9208/2017] registered at Police Station S.O.G. Jaipur, shall be released on bail; provided he deposits Rs. one lac before the Trial Court and also furnishes a personal bond of Rs. 2,00,000/- and two surety bonds of Rs. 1,00,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.
If in future, involvement of present petitioner is found in any other similar type of criminal case, then concern SHO will have liberty to file application before the learned Trial Court for cancellation of this bail order and learned Trial Court will have liberty to cancel this bail order without further reference to this Court.
It is also made clear that the amount deposited by the petitioner shall not be considered as admission of the petitioner during trial and the amount so deposited may be disbursed to the victim on supurduginama by the Trial Court after seeking Income- tax Clearance Certificate from him on usual conditions.
(BANWARI LAL SHARMA)J. S.Kumawat/86