Choti Devi vs State
2021 Latest Caselaw 9011 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3540/2021

1. Choti Devi W/o Sh. Sobha Ram, Aged About 55 Years, R/o Village Sanwaliyawas, Police Station Merta Road, Dist. Nagaur.

2. Surendra S/o Sh. Sobha Ram, Aged About 28 Years, R/o Village Sanwaliyawas, Police Station Merta Road, Dist. Nagaur.

----Petitioners Versus State, Through PP

----Respondent

For Petitioner(s) : Mr. Surendra Singh Choudhary For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA Mr. Gaurav Singh, PP Mr. R.S. Gill for the complainant

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

07/04/2021

Heard learned counsel for the parties and perused the case

diary.

This anticipatory bail application has been filed by the

petitioners apprehending their arrest in connection with FIR

No.13/2021, registered at Police Station Merta Road, District

Nagaur for the offences under Sections 143, 323, 379, 354 & 452

of the IPC.

Cross-cases have been registered inter se between the

parties. Two members of the complainant's side namely Smt.

Sampu Devi and Nathu Ram received head injuries in the incident.

The head injury inflicted to Sampu Devi has been opined to be

(2 of 2) [CRLMB-3540/2021]

grievous in nature whereas the head injury of Nathu Ram has

beren opined to be simple in nature after x-ray examination. The

head injury caused to Sampu Devi is attributed to accused

Shrawan. Both petitioners also received head injuries in the

incident which fact is evident from perusal of the case diary of the

cross-case.

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 petitioners (1) Choti Devi W/o Shri

Sobha Ram and (2) Surendra S/o Shri Sobha Ram in connection

with FIR No.13/2021, registered at Police Station Merta Road,

Nagaur, the petitioners shall be released on bail; provided each of

them 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

151-Sudhir Asopa/-

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