Kuldeep Mishra vs State
2021 Latest Caselaw 2835 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13547/2020

Kuldeep Mishra S/o Shri Rajendra, Aged About 35 Years, Purani Railway Station Nawa, District Nagaur.

                                                                   ----Petitioner
                                    Versus
State, Through P.P
                                                                 ----Respondent


For Petitioner(s)         :     Mr. S.K. Verma
For Respondent(s)         :     Mr. Farzand Ali, AAG-cum-GA
                                Mr. Mukesh Trivedi, PP
                                Mr. D.S. Udawat for the complaiant



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                          Judgment / Order

02/02/2021

Heard learned counsel for the parties 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.173/2020 Police Station Nawa City, District Nagaur for the

offence under Section 436 IPC.

The allegation against the present petitioner is of throwing a

burning/lit match-stick in the collection box of the temple. The

contention of Shri Verma is that a totally false case has been

foisted upon the petitioner because of rivalry between him and the

complainant on the issue of offering worship in the temple in

question. He urges that even if the allegations as set out in the

FIR are accepted to be true on the face of record, the offence, if

(2 of 3) [CRLMB-13547/2020]

any, would be that under Section 435 IPC, which is bailable. He

thus, craves indulgence of pre-arrest bail to the petitioner.

Learned Public Prosecutor and learned counsel for the

complainant vehemently and fervently oppose the submissions

advanced by the petitioner's counsel.

I have given my thoughtful consideration to the submissions

advanced at bar and have gone through the material available on

record.

The fact remains that disputes are going on between the

petitioner and the complainant party to offer worship in the

temple in question. The highest allegation of the complainant as

per the FIR is that the petitioner threw a lit match-stick in the

collection box of the temple. Thus, the contention of Shri Verma

that offence, if any attributable to the petitioner by this allegation

would not travel beyond Section 435 IPC is not without merit. The

said offence is bailable.

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

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 Kuldeep Mishra S/o Shri

Rajendra in connection with F.I.R. No.173/2020 Police Station

Nawa City, District Nagaur, 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 :-

(3 of 3) [CRLMB-13547/2020]

(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/-

Powered by TCPDF (www.tcpdf.org)