BHARAT KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for petitioner and learned Public Prosecutor as well as learned counsel for complainant, and perused the material made available to me during the arguments of the case.

(2.) Learned counsel for petitioner argued that complainant filed a criminal complaint in the Court of Judicial Magistrate against eight persons including the petitioner, which was forwarded for investigation under Section 156 (3), Cr.P.C. and, on that basis, the present F.I.R. has been registered; during investigation, the police reached to the conclusion that the allegations against six persons are false, therefore, prima facie, it is clear that the contents of the F.I.R. are not correct or at-least doubtful; petitioner's elder brother Pankaj Kumar, who is husband of complainant, has already been arrested and released on bail under Section 437, Cr.P.C. by the Judicial Magistrate vide order dated 6.7.2009; there is no specific overt-act against the petitioner, who is brother-in-law (husband's younger brother) of the complainant; he is a student of Engineering Course and in case the benefit of Section 438 Cr.P.C. is not granted to him then his entire career will be ruined.

(3.) Learned Public Prosecutor as well as learned counsel for the complainant oppose the bail application.