Kailash Dan vs State
2021 Latest Caselaw 11031 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5591/2021

1. Kailash Dan S/o Badri Dan, Aged About 25 Years, Village Parlu, Tehsil Pachpadra, Dis. Barmer

2. Mumal W/o Pradeep, Aged About 30 Years, Pahadganj-Ii, Nearby Bhomiyaji Ka Than, Kishore Bag, Mandor Road, Jodhpur

----Petitioners Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr Dhirendra Singh assisted by Ms Priyanka For Respondent(s) : Mr Vikram Singh, Public Prosecutor

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

16/07/2021

This bail application under Section 438 Cr.P.C. has been filed

by the petitioners apprehending arrest in connection with FIR

No.41/2021 registered at Police Station Mathania, District Jodhpur

for offence under Sections 66, 66(C), 66(E), 67(A) of the

Information Technology Act.

Heard learned counsel for the petitioners as well as learned

Special Public Prosecutor and perused the entire material available

on record.

Learned counsel for the petitioners submits that there is

already a compromise has arrived at between the parties, which

has been produced in the petition filed under Section 482 CrPC.

(2 of 2) [CRLMB-5591/2021]

In view thereof, I am inclined to grant anticipatory bail to 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) Kailash Dan s/o Badri Dan, 2) Mumal w/o

Pradeep in the aforesaid FIR No.41/2021 of Police Station

Mathania, District Jodhpur; they shall be released on bail by the

concerned SHO/Investigating Officer, provided each of the

petitioners furnishes a personal bond in the sum of Rs. 20,000/-

with two sureties of the like amount each 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.

(SANJEEV PRAKASH SHARMA),J

112-MMA/-

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