Ajay Regar vs State

This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.271/2018, Police Station Ladnu, Nagour for the offences under Sections 376(2)(g), 228A, 506, 509 of IPC and Section 67 of the I.T. Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that the co-accused Babulal has been enlarged on anticipatory bail by a coordinate bench of this Court vide order dated 02/07/2019. He further submits that the case of the present petitioner stands on better footings than the co-accused Babulal who has already been enlarged on bail.

Per contra, learned public prosecutor supported by learned counsel for the complainant submits that the allegation against the present petitioner is of airing/doing viral of the photographs which makes the offence more serious.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the allegation of rape and then making the videos and then sending the same to Ajay Regar was on the co-accused Babu Lal who has been enlarged on anticipatory bail by a coordinate bench of this Court, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Ajay Regar S/o Sh. Shivkaran, in connection with F.I.R. No.271/2018, Police Station Ladnu, Nagour, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/-(Rupees: Twenty Five Thousand Only) each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

(I) that the petitioner shall make himself available for interrogation by a police officer as and when required;

(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

(iii) that the petitioner shall not leave India without previous permission of the court.