Anl Damami vs State Of Rajasthan
2021 Latest Caselaw 9006 Raj

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

(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 :-

(3 of 3) [CRLMB-4677/2021]

(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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