Shera Ram vs State Of Rajasthan
2021 Latest Caselaw 18458 Raj

(1 of 2) [CRLMB-15524/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15524/2021

1. Shera Ram S/o Jiya Ram, Aged About 55 Years, B/c Meghwal, R/o Rohini, Police Station Shri Balaji, District Nagaur.

2. Ghanshyam S/o Shera Ram, Aged About 24 Years, B/c Meghwal, R/o Rohini, Police Station Shri Balaji, District Nagaur.

----Petitioners Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Yuv Raj Sonel For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

03/12/2021

This anticipatory bail application has been filed by the

petitioners apprehending their arrest in connection with FIR

No.145/2021, Police Station Shri Balaji, District Nagaur for the

offences under Sections 341, 323, 354, 355, 342, 509, 376D IPC.

Learned counsel for the petitioners submits that the

prosecutrix in her statement recorded under Sections 164 Cr.P.C.

has not revealed the names of the present petitioners and

subsequently the prosecutrix filed an application before the trial

court stating that the present petitioners were not present and no

such occurrence took place. In such circumstances, no useful

purpose would be served by sending the petitioners behind the

bars for indefinite time. Thus, the petitioners may be released on

anticipatory bail.

(2 of 2) [CRLMB-15524/2021]

Learned Public Prosecutor has vehemently opposed the

prayer for anticipatory bail.

Heard the learned counsel for the parties and perused the

impugned order.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced at the bar, this

Court is of the opinion that it is a fit case for grant of anticipatory

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) Shera Ram S/o Jiya

Ram & (2) Ghanshyam S/o Shera Ram in connection with FIR

No.145/2021, Police Station Shri Balaji, District Nagaur, the

petitioners shall be released on bail; provided each of them

furnishes a personal bond in the sum of Rs.1,00,000/- along with

two sureties of Rs.50,000/- each to the satisfaction of the

concerned Investigating Officer/S.H.O. on the following

conditions :-

(i). that the petitioners shall make themselves available for interrogation by a police officer as and when required;

(ii). that the petitioners 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 petitioners shall not leave India without previous permission of the court.

(MANOJ KUMAR GARG),J 148-MS/-

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