Durgashankar @ Durgesh vs State
2021 Latest Caselaw 6249 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13644/2020

Durgashankar @ Durgesh S/o Jagdish, Aged About 20 Years, R/o Kirkheda, Ps- Kotwali, Chittorgarh, District- Chittorgarh (Raj.)

----Petitioner Versus State, Of Rajasthan.

----Respondent

For Petitioner(s) : Dr. RDSS Kharlia For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

02/03/2021

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) apprehend(s) his/her/their arrest in

connection with FIR No.559/2020 of Police Station Kotwali,

Distt. Chittorgarh for the offence(s) punishable under

Section(s) 379, 188 IPC and Section 4/21 of the MMDR Act.

Learned counsel for the petitioner has submitted that

allegation against the petitioner regarding excavation and

transportation of mining mineral material 'bazri' is absolutely

false. It is argued that the petitioner has already joined the

investigation and paid the penalty amount to the mining

department. It is, thus, prayed that the petitioner may be

granted benefit of anticipatory bail.

Per contra, learned Public Prosecutor has opposed the

bail application(s).

                                                                     (2 of 2)                     [CRLMB-13644/2020]


                                        Having   regard     to     the      totality       of    the   facts   and

circumstances of the case, without expressing any opinion on

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

anticipatory bail to the accused petitioner(s) under Section

438 Cr.P.C.

Accordingly, this/these bail application(s) under Section

438 Cr.P.C. is/are allowed and it is directed that in the event

of arrest of petitioner(s) - Durgashankar @ Durgesh S/o

Jagdish in connection with FIR No.559/2020 of Police Station

Kotwali, Distt. Chittorgarh, he/she/they shall be enlarged on

bail provided he/she/they furnish(es) a personal bond in the

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) that the petitioner(s) shall make himself/herself/themselves 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.

(VIJAY BISHNOI),J

86-msrathore/-

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