High CourtsSingle Bench(2020) 07 RAJ CK 0243

Ateen Mathur vs State Of Rajasthan

Rajasthan High Court · Decided on 6 July 2020

HON’BLE JUDGES
Pankaj Bhandari, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 5568 Of 2020

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Judgment

16 paragraphs · 274 words
1.

Heard counsel for the petitioner through video conferencing.

2.

Petitioner has filed this bail application under Section 438 of Cr.P.C.

3.

F.I.R. No.45/2020 was registered at Police Station, Mahila Thana, Dist. Alwar for offence under Sections 376(2)(n) & 418 I.P.C.

4.

It is contended by the counsel for the petitioner that there is an inordinate delay of four years in lodging of F.I.R. From the clips which have been

annexed with the petition, it is evident that prosecutrix was having consensual relationship with the petitioner.

5.

Learned Public Prosecutor has opposed the bail application.

6.

I have considered the contentions.

7.

Considering the contention put forth by counsel for the petitioner and without commenting on the merits of the case, the anticipatory bail application

is allowed.

8.

The Anticipatory Bail Application is allowed. The S.H.O./I.O./Arresting Authority, Police Station Mahila Thana, Dist. Alwar in F.I.R. No. 45/2020

is directed that in the event of arrest of the petitioner he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/-

(Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to his satisfaction 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.