Dhirendrasingh Rathore vs State
2021 Latest Caselaw 6227 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 643/2021

Dhirendrasingh Rathore S/o Sh. Someshwar Singh Rathore,

Aged About 27 Years, Pro. M/s. Siyaram Enterprises, Profession

Bussiness, R/o 71, High School Falu Nai Siganali Mahisagar,

Gujarat 389210.

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Likma Ram Upadhyay For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

02/03/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner apprehends his arrest in connection with FIR

No.306/2020 of Police Station Basni, District Jodhpur City (West)

for the offences punishable under Sections 288, 336, 337, 304

IPC. He has preferred this anticipatory bail application under

Section 438 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner was not involved in any manner with the accident,

which took place in a factory on 10.11.2020 wherein 8 labours

died. It is also submitted that the petitioner is the owner of the

firm, which was granted contract of setting up a dome in the

(2 of 3) [CRLMB-643/2021]

factory premises. It is also submitted that the petitioner had

engaged a crane operator named as Shri Balaji Crane for the

purpose of setting up the dome, however, the accident took place

on account of poor construction of walls by another contractor and

by the error committed by the driver of the crane. It is further

submitted that the petitioner has no direct role in the said

incident.

Learned Public Prosecutor has opposed the bail application.

Having heard learned counsel for the parties and after going

through the case diary, without expressing any opinion on the

merits of the case, I deem it just and proper to grant anticipatory

bail to the accused petitioner under Section 438 Cr.P.C.

Accordingly, this bail application under Section 438 Cr.P.C. is

allowed and it is directed that in the event of arrest of the

petitioner- Dhirendrasingh Rathore S/o Sh. Someshwar Singh

Rathore in FIR No.306/2020 of Police Station Basni, District

Jodhpur City (West) he shall be enlarged on bail provided he

furnishes a personal bond in a sum of Rs.50,000/- with two sound

and solvent sureties of Rs.25,000/- each to the satisfaction of the

concerned I.O./S.H.O. on the following conditions:-

(i) He shall make himself available for interrogation

by Investigating Officer as and when required;

(ii) He 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;

(3 of 3) [CRLMB-643/2021]

(iii) He shall not leave India without the previous permission of

the court.

(VIJAY BISHNOI),J

104-akash/-

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