Nadaan Singh vs State
2021 Latest Caselaw 10563 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9209/2020

1. Nadaan Singh S/o Shri Ajit Singh, Aged About 16 Years, By Caste Rajput, Through Natural Guardian Father Shri Ajit Singh S/o Shri Ummed Singh, R/o Ganesh Chowk, Indira Colony, Bikaner.

2. Lekh Raj S/o Shri Rameshwar Lal, Aged About 16 Years, By Caste Jat, Through His Natural Guardian Father Shri Rameshwar Lal S/o Shri Dalam Chand, R/o Cc-286/87, Karni Nagar, Near Lalgarh Mata Ji Temple, Bikaner.

----Petitioners Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr Hari Shanker Shrimali For Respondent(s) : Mr Shiv Kumar Bhati, Public Prosecutor Mr Varun Arora for complainant through VC

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

12/07/2021

This bail application under Section 438 CrPC has been filed by the petitioners apprehending their arrest in connection with FIR No.107/2020. registered at Police Station Bichhwal, District Bikaner for offence under Sections 376(2)(N), 376(D) IPC.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the entire material available on record.

Learned counsel for the petitioners submits that the petitioners are 16 years of age and have already presented themselves for interrogation.

(2 of 2) [CRLMB-9209/2020]

Taking into consideration the interrogation report and the statements of the prosecutrix and the age of the petitioners, without commenting on merits, I am inclined to allow this anticipatory bail of the petitioners.

Accordingly, this bail application filed under Section 438 CrPC is allowed and it is directed that in the event of arrest of petitioners 1) Nadaan Singh s/o Ajit Singh and 2) Lekh Raj s/o Rameshwar Lal in the aforesaid FIR No.107/2020 of Police Station Bichhwal, District Bikaner; they shall be released on bail by the concerned SHO/Investigating Officer, provided each of them {both through their natural guardian, father} furnishes a personal bond in the sum of Rs. 20,000/- with two sureties of the like amount to his satisfaction, 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 to any police officer;

iii) That the petitioners shall not leave India without previous permission of the court;

iv) That the petitioners shall not commit any offence similar to the offence of which they are accused or suspected.

(SANJEEV PRAKASH SHARMA),J

49-MMA/-

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