HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4677/2021 Anl Damami W/o Sh. Bhatraj Damami, Aged About 25 Years, R/o Village Madpura, P.s. Panchodi, Dist. Nagaur.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Mohd. Akbar
For Respondent(s) : Mr. Farzand Ali, AAG-cujm-GA
Mr. A.R. Choudhary, PP
Ms. Chandani Damami, for the
complainant
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
07/04/2021
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant and perused the material available on record.
This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.39/2021, registered at Police Station Panchodi, District Nagaur for the offence under Section 304 of the IPC.
The contention of counsel Shri Mohd. Akbar representing the petitioner is that even if the allegations levelled by the complainant in the FIR are accepted to be true on the face of record, the offence, if any, would not travel beyond Section 304-A (Downloaded on 07/04/2021 at 08:54:41 PM) (2 of 3) [CRLMB-4677/2021] IPC which is bailable. He thus, urges that the petitioner deserves indulgence of pre-arrest bail.
Learned Public Prosecutor and learned counsel representing the complainant have vehemently and fervently opposed the submissions advanced by the petitioner's counsel.
The allegation as set out in the FIR is that the petitioner was operating a tyre puncture shop and had connected an electric wire unauthorizedly to operate compressor. The complainant's younger brother went to the petitioner's cabin in the afternoon at about 3:00 on 07.03.2021 and got electrocuted. The contention of the petitioner's counsel that the case involves elements of accidental death.
Thus, having regard to the entirety of facts and circumstances as available on record, this Court is of the opinion that it is a fit case to extend the benefit of pre-arrest 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 Anil Damami S/o Shri Bhatraj Damami in connection with FIR No.39/2021, registered at Police Station Panchodi, District Nagaur, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-
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(i). that the petitioner(s) shall make himself available for interrogation by a police officer as and when required;
(ii). that the petitioner(s) 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(s) shall not leave India without previous permission of the court.
(SANDEEP MEHTA),J 164-Sudhir Asopa/-
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