(1 of 2) [CRLMB-5954/2021] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5954/2021
1. Smt. Anju W/o Manish Vyas D/o Babulal Acharya, Aged About 25 Years, resident of Kheteswar Basti, Nayashahar Bikaner (Raj.).
2. Smt. Kiran W/o Babulal Acharya, Aged About 55 Years, resident of Kheteswar Basti, Nayashahar Bikaner (Raj.).
3. Babulal Acharya S/o Ramlal, Aged About 55 Years, resident of Kheteswar Basti, Nayashahar Bikaner (Raj.).
----Petitioners Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Kaushal Gautam, through video-
call.
For Respondent(s) : Mr. Vikram Sharma, P.P Mr. Shyam Sundar Khatri for the complainant.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with F.I.R. No.88/2021, Police Station Gangashahar, District Bikaner for the offences under Sections 341, 323, 307, 308, 326, 324 and 143 of the I.P.C.
Learned counsel for the petitioners appearing through video call submits that according to the statement of the injured, specific allegations for inflicting injury by knife has been assigned to co-accused Pradeep and the petitioners gave only fist blows to the injured. In such circumstances, no useful purpose would be served by sending the petitioners behind the bar for indefinite time. Thus, the petitioners may be released on anticipatory bail. (Downloaded on 18/05/2021 at 08:20:55 PM)
(2 of 2) [CRLMB-5954/2021] Learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the prayer for anticipatory bail.
Heard learned counsel for the parties and perused the impugned order.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioners under Section 438 Cr.P.C.
Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioners (1) Smt. Anju W/o Manish Vyas, (2) Smt. Kiran W/o Babulal Acharya & (3) Babulal Acharya S/o Ramlal in connection with F.I.R. No.88/2021, Police Station Gangashahar, District Bikaner for the offences under Sections 341, 323, 307, 308, 326, 324 and 143 of the I.P.C., the petitioners shall be released on bail; provided they furnish a personal bond in the sum of Rs.1,00,000/- each along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-
(i). that the petitioners shall make themselves available for interrogation by a police officer as and when required;
(ii). that the petitioners 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 petitioners shall not leave India without previous permission of the court.
(MANOJ KUMAR GARG),J 71-Prashant/-
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