DHEERAJ THANVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner Dheeraj Thanvi @ Mohit S/o Ganesh Thanvi who is in custody in relation to F.I.R. No.512/2022 Police Station Nayashahar, District Bikaner, for the offences under Ss. 323, 354B, 354D, 458, 382, 440, 504, 506 and 509 of the IPC.

(2.) Learned counsel for the petitioner submits that this is the second bail application and vide order dtd. 21/12/2022, the first bail application filed on behalf of petitioner was dismissed as not pressed. He further submits that after investigation, police has submitted a charge sheet against the accused-petitioner and the offences alleged are triable by the Magistrate, Ist Class. Learned counsel further submits that petitioner is not having any previous criminal antecedent. He further submits that the complainant/victim is immediate neighbour of the present petitioner and due to animosity with neighbour, the case has been lodged against him. He further submits that the incident was exaggerated and he had never harassed the prosecutrix or any other member of her family. He further submits that accused is a young man and keeping him in prolonged incarceration would not serve any purpose. Thus, he prayed that petitioner may be enlarged on bail.

(3.) Bail application was opposed by the learned Public Prosecutor as well as learned counsel for the complainant on the ground that present petitioner is habitual for harassing the victim and her family. They further submits that the charge sheet itself indicates the true picture of actions of present petitioner.