Prakash vs State
2021 Latest Caselaw 9125 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12130/2020

1. Prakash S/o Sh. Hiralal, Aged About 35 Years, R/o Morvan

Javad, District Nimach, Madhya Pradesh.

2. Sh. Gopal S/o Sh. Hiralal, Aged About 40 Years, R/o

Morvan Javad, District Nimach, Madhya Pradesh.

3. Sh. Ambalal S/o Sh. Hiralal, Aged About 32 Years, R/o

Morvan Javad, District Nimach, Madhya Pradesh.

4. Sh. Kailash S/o Sh. Pratap, Aged About 41 Years, R/o

Morvan Javad, District Nimach, Madhya Pradesh.

5. Sh. Panalal S/o Sh. Banshilal, Aged About 40 Years, R/o

Morvan Javad, District Nimach, Madhya Pradesh.

6. Sh. Shantilal S/o Sh. Durgalal, Aged About 46 Years, R/o

Morvan Javad, District Nimach, Madhya Pradesh.

7. Sh. Premchand S/o Sh. Durgalal, Aged About 38 Years,

R/o Morvan Javad, District Nimach, Madhya Pradesh.

8. Sh. Mansingh S/o Sh. Chatra, Aged About 42 Years, R/o Morvan Javad, District Nimach, Madhya Pradesh.

----Petitioners Versus State, Through PP

----Respondent

For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

08/04/2021

Heard learned counsel for the petitioners, learned Public

Prosecutor and perused the material available on record.

(2 of 3) [CRLMB-12130/2020]

This anticipatory bail application has been filed by the

petitioners apprehending their arrest in connection with F.I.R.

No.224/2019 Police Station Pratapgarh, District Pratapgarh for the

offences under Sections 143, 341, 323 & 354 IPC.

The complaint came to be submitted in the court after four

days of the alleged incident, which is said to have taken place on

27.05.2019.

Thus, having regard to the entirety of facts and

circumstances as available on record and upon a consideration of

the arguments advanced at the bar, 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) Shri Prakash S/o Shri

Hiralal, (2) Shri Gopal S/o Shri Hiralal, (3) Shri Ambalal S/o Shri

Hiralal, (4) Shri Kailash S/o Shri Pratap, (5) Shri Pannalal S/o Shri

Banshilal, (6) Shri Shantilal S/o Shri Durgalal, (7) Premchand S/o

Shri Durgalal & (8) Mansingh S/o Shri Chatra in connection with

F.I.R. No.224/2019 Police Station Pratapgarh, District Pratapgarh,

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

(3 of 3) [CRLMB-12130/2020]

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 64-Sudhir Asopa/-

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