Hema Ram vs State Of Rajasthan
2021 Latest Caselaw 8823 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2659/2021

Hema Ram S/o Nanu Ram, Aged About 56 Years, Hariyajun, Tehsil Kuchaman City, District Nagaur.

----Petitioner Versus State Of Rajasthan, Through P.P

----Respondent

For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. Vikram Sharma, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

05/04/2021

Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the case diary.

This anticipatory bail application has been filed by the

petitioner apprehending his arrest in connection with FIR

No.154/2019, registered at Police Station Kuchaman City, District

Nagaur for the offences under Sections 143, 341, 323, 353, 332 &

504 IPC.

The petitioner was not named in the FIR which came to be

registered in the year 2019. It is an admitted position that during

investigation and in the initial charge-sheet, the petitioner's name

does not appear in the statements of the witnesses examined in

the first round of investigation. However, it appears that he has

been named as one of the assailants in the subsequently recorded

statements of the public servants concerned. The petitioner is a

prominent person because he was the Sarpanch of the village

(2 of 2) [CRLMB-2659/2021]

concerned at the time of the incident. In this background, the

omission of the petitioner's name in the FIR is of significance.

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

petitioners under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed

that in the event of arrest of petitioner Hema Ram S/o Shri Nanu

Ram in connection with FIR No.154/2019, registered at Police

Station Kuchaman City, 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 :-

(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; an

(iii). that the petitioner(s) shall not leave India without previous permission of the court.

(SANDEEP MEHTA),J 107-Sudhir Asopa/-

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