Mangi Bai vs State
2021 Latest Caselaw 2694 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3233/2020

1. Mangi Bai W/o Sh. Dhanna Ji Gameti, Aged About 50 Years, Bodo Guda, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No.1, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.).

2. Sh. Kalu S/o Lakhma Ji Gameti, Aged About 45 Years, Mero Ka Guda, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No.3, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.)

3. Sh. Gamer Lal S/o Sh. Pema Ji Gameti, Aged About 51 Years, Pratappura,, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No. 8, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.).

----Petitioners Versus State of Rajasthan through PP

Connected With S.B. Criminal Miscellaneous Bail Application No. 3234/2020

1. Mangilal S/o Sh. Vakta Ji Gayari, Aged About 45 Years, Auto Ka Guda, Tehsil Badgaon, District Udaipur (Raj.).

2. Nathulal S/o Sh. Vakta Ji Gayari, Aged About 47 Years, Auto Ka Guda, Tehsil Badgaon, District Udaipur (Raj.).

----Petitioners Versus State, Through PP

----Respondent

For Petitioner(s) : Mr. Shashank Sharma for Mr. Harish Purohit For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment / Order

01/02/2021

Heard learned counsel for the parties and perused the

material available on record.

(2 of 3) [CRLMB-3233/2020]

These two anticipatory bail applications have been filed by

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

No.445/2014, Police Station A.C.B. Chowki, Udaipur for the

offences under Sections 13(1)(c)(d)/13(2) of Prevention of

Corruption Act and Sections 193, 409 and 120B IPC.

The FIR was registered way back in the year 2014. The

investigation has been concluded and only charge-sheet remains

to be filed. Similar cases were registered against the petitioners

and other co-accused persons and their pre-arrest bail

applications (Nos.3222/2020 and 3224/2020) in connection with

FIR NO.449/2014, PS CPS ACB Chowki, Udaipur have been

accepted by this Court vide order dated 01.05.2020.

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 there is no requirement for custodial interrogation of the

accused petitioners in this case and 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 applications are allowed and it is

directed that in the event of arrest of petitioners (1) Smt. Mangi

Bai W/o Shri Dhanna Ji, (2) Kalu S/o Shri Lakhma Ji Gameti (3)

Gamer Lal S/o Shri Pema Ji, (4) Mangilal S/o Shri Vakta Ji & (5)

Nathulal S/o Shri Vakta Ji in connection with F.I.R. No.445/2014,

Police Station ACP Chowki, Udaipur, 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 :-

(3 of 3) [CRLMB-3233/2020]

(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 38-Sudhir Asopa/-

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