Jadav Kanwar vs State Of Rajasthan
2021 Latest Caselaw 12584 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1937/2021

Jadav Kanwar W/o Umrao Khan, Aged About 72 Years, By Caste Muslim, R/o Sivna, Police Station Bagra, District Jalore.

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

                                                                ----Respondent


For Petitioner(s)        :     Mr. Pradeep Shah
For Respondent(s)        :     Mr. Shrawan Bishnoi, PP
                               Mr. K.L. Thakur



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

11/08/2021

Heard learned counsel for the petitioner, learned Public

Prosecutor and learned counsel representing 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 F.I.R.

No.78/2019 Police Station Bagra, District Jalore for the offences

under Sections 420, 467, 468, 471, 474 and 120-B IPC.

The prosecution has come out with a case that the petitioner

submitted fabricated documents for contesting the election of

Sarpanch in the year 2015. Previously, an FIR No.78/2015 was

registered against the petitioner with these very allegations. In

the said FIR, after thorough investigation, the IO submitted a

negative final report which has been accepted by the court

concerned. Thereafter, in the year 2019, a fresh FIR came to be

registered with the very same allegation that the petitioner

(2 of 3) [CRLMB-1937/2021]

presented fabricated documents for contesting elections and that

signatures of one Otaram as appended on the marksheet were

forged. On the strength of these allegations, the FIR came to be

registered and the IO seeks to arrest the petitioner in this case.

Learned counsel Shri Thakur vehemently and fervently

opposed this pre-arrest bail application and urges that the

petitioner does not deserve indulgence of pre-arrest bail.

On going through the case diary, it is apparent that all

requisite steps of investigation have been undertaken from the

petitioner who cooperated with the IO. The petitioner is a 73 years

old lady. She has already completed the tenure as a Sarpanch.

Thus, there appears to be no requirement of custodial

investigation from the present petitioner.

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 Jadav Kanwar W/o Shri

Umrao Khan in connection with F.I.R. No.78/2019 registered at

Police Station Bagra, District Jalore, the petitioner shall be

released on bail; provided she 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;

(3 of 3) [CRLMB-1937/2021]

(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 170-Sudhir Asopa/-

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