Bhaga Ram vs State
2021 Latest Caselaw 6852 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5524/2020

1. Bhaga Ram S/o Bhera Ram, Aged About 50 Years,

2. Raju Ram S/o Bhera Ram, Aged About 46 Years,

3. Kamlesh S/o Bhaga Ram, Aged About 18 Years, All R/o Vishnu Nagar (Bavria), Tehsil Sanchore, District Jalore.

----Petitioners Versus The State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Dinesh Vishnoi For Respondent(s) : Mr. A.R. Choudhary, P.P. For Complainant(s) : Mr. Jagdish Kumar Vishnoi

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

09/03/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioners apprehend their arrest in connection with FIR

No.56/2020 of Police Station Sarwana, District Jalore for the

offences punishable under Sections 341, 323, 354 and 448/34

IPC. They have preferred this anticipatory bail application under

Section 438 Cr.P.C.

Learned counsel for the petitioners has submitted that the

allegations against the petitioners of assaulting the complainant

and outraging her modesty are absolutely false. It is argued that

the complainant and the petitioners are residing in the same

(2 of 3) [CRLMB-5524/2020]

house but in the different rooms and due to some trivial dispute a

scuffle took place between them, however, no such incident of

outraging the modesty has taken place.

Learned Public Prosecutor as well as learned counsel for the

complainant have opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after perusing 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 petitioners 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

petitioners - (1) Bhaga Ram S/o Bhera Ram, (2) Raju Ram S/o

Bhera Ram and (3) Kamlesh S/o Bhaga Ram in FIR No.56/2020 of

Police Station Sarwana, District Jalore they shall be enlarged on

bail provided each of them 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) They shall make themselves available for

interrogation by Investigating Officer as and when

required;

(ii) They 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-5524/2020]

(iii) They shall not leave India without the previous

permission of the Court.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.74

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