Rajasthan High Court - Jaipur
Harishankar @ Pappulal vs State Of Rajasthan Through Pp on 6 February, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 726 / 2017
Harishankar @ Pappulal S/o Kalulal Bairagi B/c Bairagi,
R/o Anwa Kachhawa Mohalla PS Kanwas District Kota.
(At Present confined at Central Jail, Kota).
----Petitioner/Accused
Versus
State of Rajasthan Through P.P.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Abdul Kalam Khan Public Prosecutor : Mr. Rajender Raghav Investigating Officer : Mr. Ravinder Singh, SHO Police Station Morak, Kota Rural _____________________________________________________ HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order 06/02/2017 The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner Harishankar @ Pappulal in the matter of FIR No. 214/2016 registered at Police Station Morak, District Kota Rural for offence punishable under Section 376 IPC.
Learned Counsel for petitioner Mr. Abdul Kalam Khan submits that prosecutrix is in habit to lodge false cases and extort money from the innocent persons in her name as well as in the name of her daughter. He submits that one case was got registered by the prosecutrix in the name of Radha Devi while another case was got registered in the name of Uma Devi, (2 of 3) [CRLMB-726/2017] petitioner is in custody since 02.10.2016, investigation has been completed, charge sheet has been filed, therefore petitioner may be released on bail.
Learned Public Prosecutor Mr. Rajender Raghav submits that in pursuance of order of this Court dated 03.02.2017, the allegations of petitioner were inquired from the Investigating Officer Mr. Ravinder Singh, SHO Police Station Morak, Kota Rural and from inquiry, it came out that complainant Radha Devi lodged another FIR in the name of Uma Devi for offence under Section 376 IPC against one Pappu @ Hari Shankar and one case in the name of her daughter Preeti Guttan. He submits that a case was also registered against the prosecutrix regarding false ID proof being FIR No. 42/2017, Police Station Udhyog Nagar, Kota City which is under investigation.
On consideration of submissions made on behalf of the respective parties and the material made available for my perusal and without expressing any final opinion on the merit and de- merit of the case and considering the overall facts and circumstances of the case specially considering the conduct of prosecutrix, I am inclined to grant benefit of bail to the accused- petitioner Harishankar @ Pappulal.
Consequently, the bail application filed under Section 439 Cr.P.C. of accused-petitioner Harishankar @ Pappulal is allowed.
Therefore, it is ordered that the accused-petitioner (3 of 3) [CRLMB-726/2017] Harishankar @ Pappulal S/o Kalulal Bairagi in FIR No. 214/2016 registered at Police Station Morak, District Kota Rural, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rs. One Lakh) and two surety bonds of Rs.50,000/- (Rs. Fifty Thousand) 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.
(BANWARI LAL SHARMA)J. Charu 82