Mohan Lal vs State
2021 Latest Caselaw 7392 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 5708/2020

Mohan Lal S/o Chuna Ram, Aged About 42 Years, B/c Naai, R/o

Fatehgarh, Tehsil Fatehgarh, Dist. Jaisalmer.

----Petitioner Versus

State, Through Pp

----Respondent

For Petitioner(s) : Mr. Hemant Ballani

For Respondent(s) : Mr. A.R. Choudhary, PP

Mr. Rajak Khan Haidar for complainant

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

16/03/2021

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.57/2020 of Police Station Sangad,

Distt. Jaisalmer for the offence(s) punishable under

Section(s) 323, 379/34 IPC.

Learned counsel for the petitioner has submitted that

allegations of assaulting and snatching Rs.13,000/- from

the complainant, levelled against the petitioner, are false.

(2 of 3) [CRLMB-5708/2020]

It is submitted that as a matter of fact, the petitioner was

salesman of a liquor shop and a quarrel took place

between him and the complainant, as the complainant

was alleging that they are charging more money of liquor

than the printed rate. It is submitted that on a trivial

issue, the complainant has lodged this FIR while stating

wrong facts.

Per contra, learned Public Prosecutor as well as

learned counsel for the complainant have vehemently

opposed the bail application(s).

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) - Mohan Lal S/o

Chuna Ram in connection with FIR No.57/2020 of Police

Station Sangad, Distt. Jaisalmer, 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;

(3 of 3) [CRLMB-5708/2020]

(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

57-msrathore/-

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