[2023:RJ-JP:30239]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 10388/2023
Ghasi Satiya S/o Champalal, R/o Chhipa Barod, Police Station
Chhipa Barod, Distt. Baran (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. N.K. Singhal
For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
18/10/2023
1. The instant pre-arrest bail application has been filed under Section 438 Cr.P.C. on behalf of the petitioner, who is having apprehension of his arrest in connection with FIR No.92/2023 registered at Police Station Chhipa Barod, District Baran for the offences under Sections 306 & 34 of IPC.
2. Learned counsel for the petitioner submits that accused- petitioner has falsely been implicated in this case. He further submits that some money was borrowed by the deceased from the petitioner and the same was not paid. Learned counsel submits that ingredients of Section 107 of IPC are not visible in the present case as there is no instigation on the part of the petitioner. He submits that petitioner has joined the investigation in terms of the order date dated 23.08.2023. He has relied upon the judgment passed by co-ordinate Bench of this in the case of Manish Kumar Sharma Vs. State of Rajasthan (1994) 1 RLR (Downloaded on 11/11/2023 at 08:54:05 PM) [2023:RJ-JP:30239] (2 of 3) [CRLMB-10388/2023] 94 (Raj.) He also submits that custodial interrogation of the petitioner is not required in this matter.
3. Learned Public Prosecutor opposes the bail application and submits that deceased was harassed by the petitioner by demanding money.
4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the totality of facts and circumstances of the case, especially the fact that no suicide note has been recovered in this matter, petitioner has joined the investigation and so also keeping in view the law laid down in the judgment passed by co-ordinate Bench of this Court Manish Kumar Sharma (supra), but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to allow the anticipatory bail application.
5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Chhipa Barod, District Baran in FIR No.92/2023 is directed that in the event of arrest of the petitioner - Ghasi Satiya S/o Champalal, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-
(i) that the petitioner shall make himself 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 (Downloaded on 11/11/2023 at 08:54:05 PM) [2023:RJ-JP:30239] (3 of 3) [CRLMB-10388/2023] 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.
(ANIL KUMAR UPMAN),J 255-Nirmala (Downloaded on 11/11/2023 at 08:54:05 PM) Powered by TCPDF (www.tcpdf.org)