Murari Acharya vs State Of Rajasthan
2021 Latest Caselaw 12508 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10264/2021

Murari Acharya S/o Late Shri Rampratap, Aged About 52 Years, R/o Acharyo Ka Chowk, Bikaner

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. M.S. Purohit For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

10/08/2021

Heard learned counsel for the petitioner, learned Public

Prosecutor and perused the material available on record.

This anticipatory bail application has been filed by the

petitioner apprehending his arrest in connection with F.I.R.

No.03/2020, Police Station Kotwali, Bikaner for the offences under

Sections 418, 420, 461, 471, 120-B and 468 IPC.

By order dated 20.04.2021, the learned Sessions Judge,

Bikaner has himself granted indulgence of pre-arrest bail to the

co-accused Krishan Kumar and Smt. Savitri Acharya. It is an

admitted case that the alleged agreement of sale was made by the

accused Krishan Kumar and the petitioner was merely a witness in

the said sale deed. The discriminatory approach adopted while

deciding the pre-arrest bail applications of similarly situated

co-accused in the same FIR cannot be appreciated.

(2 of 2) [CRLMB-10264/2021]

In this background and 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 Murari Acharya S/o Late

Shri Rampratap in connection with F.I.R. No.03/2020 Police

Station Kotwali, Bikaner, 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; and

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

permission of the court.

(SANDEEP MEHTA),J 145-Sudhir Asopa/-

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