Smt. Maani Bai vs State Of Rajasthan
2021 Latest Caselaw 3286 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 749/2021

1. Smt. Maani Bai W/o Lt. Hiraji, Aged About 74 Years, R/o Palaya Pipla P.s. Ogna Dist. Udaipur (Raj.). (Padmabadi Padawali Khurd, Padawali, Udaipur).

2. Smt. Sita Bai W/o Lala Ji, Aged About 43 Years, R/o Palaya Pipla P.s. Ogna Dist. Udaipur (Raj.).

                                                                 ----Petitioners
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent


For Petitioner(s)        :     Mr. Pritam Joshi
For Respondent(s)        :     Mr. Mukesh Trivedi, PP



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                         Judgment / Order

05/02/2021

Heard learned counsel for the petitioners, learned Public

Prosecutor and perused the material available on record.

This anticipatory bail application has been filed by the

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

No.79/2020 Police Station Ogna, District Udaipur for the offences

under Sections 147, 148, 149, 307 & 447 of the IPC.

The FIR was registered on the basis of Parcha Bayan of

Andaram on 15.08.2020 wherein allegations are levelled against

male accused persons. There is no allegation whatsoever that any

female was involved in the alleged assault. Even in the statement

recorded under Section 161 Cr.P.C., Andaram did not name the

petitioners as being the assailants. However, subsequently, some

of the eyewitnesses have given out names of the petitioners as

(2 of 2) [CRLMB-749/2021]

being a party to the assault but there is inconsistency in their

statements as well. No specific role has been attributed to the

accused petitioners for causing injuries to Andaram and Homaram.

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 petitioners (1) Smt. Maani Bai W/o

Late Shri Hiraji & (2) Smt. Sita Bai W/o Shri Lala Ji in connection

with F.I.R. No.79/2020, Police Station Ogna, District 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 :-

(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 66-Sudhir Asopa/-

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