HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12449/2021 Smt. Shanti W/o Shri Harish Patidar, Aged About 68 Years, R/o Jethana, Police Station- Sagwara, District- Dungarpur (Raj.)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. P.S. Chundawat. For Respondent(s) : Mr. Mahipal Vishnoi, P.P.
Mr. Mahaveer Singh.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order 26/11/2021 This anticipatory bail application has been filed by the petitioner apprehending her arrest in connection with F.I.R. No.316/2020 Police Station Sagwara, District Dungarpur, for the offences punishable under Sections 306 & 34 IPC.
Learned counsel for the petitioner submits that similarly situated co accused Dilip, Kamlesh, Praveen and Smt Manisha have already been enlarged on bail under Section 438 Cr.P.C. by the trial court. Counsel further submits that petitioner is lady aged about 68 years, therefore, no useful purpose would be served by sending the petitioner behind the bars for indefinite time. Thus, the petitioner may be released on anticipatory bail.
Learned Public Prosecutor and learned counsel for the complainant vehemently opposed the prayer for anticipatory bail. Counsel for the complainant submitted that the bail granted by the (Downloaded on 26/11/2021 at 09:05:37 PM) (2 of 2) [CRLMB-12449/2021] lower court that has already been challenged by way of filing of the cancellation application before this court which is still pending.
Heard the learned counsel for the parties and perused the impugned order.
Having regard to the facts and circumstances of the case including the fact that petitioner is a lady and similarly situated co- accused have already been enlarged on bail by the trial court 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 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 Smt. Shanti W/o Shri Harish Patidar in connection with F.I.R. No.316/2020 Police Station Sagwara, District Dungarpur, the petitioner shall be released on bail; provided she furnishes a personal bond in the sum of Rs.1,00,000/- 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 petitioner shall make herself 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.
(MANOJ KUMAR GARG),J 39-prashant/-
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