Jamna vs State
2021 Latest Caselaw 7395 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2156/2020

1. Jamna S/o Sh. Ram Lal Gurjar, Aged About 27 Years, B/c Gurjar, R/o Satola Ka Khera, Police Station Kotdi, Dist. Bhilwara.

2. Raju S/o Shri Ram Lal Gurjar, Aged About 30 Years, B/c Gurjar, R/o Satola Ka Khera, Police Station Kotdi, Dist. Bhilwara.

----Petitioners Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Pawan Vishnoi For Respondent(s) : Mr. Vikram Sharma, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

16/03/2021 Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners apprehend their arrest in connection with FIR

No.123/2019 of Police Station Kotdi, District Bhilwara for the

offences punishable under Sections 452, 323, 365 and 379 IPC.

They have preferred this anticipatory bail application under

Section 438 Cr.P.C.

Learned counsel for the petitioners has submitted that the

allegation against the petitioners of abduction of Hari Lal son of

Ram Kishan is absolutely false. It is also submitted that the

petitioners were not involved in abduction of Hari Lal.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-2156/2020]

Having heard learned counsel for the petitioners and after

going through the statements of the witness Hari Lal wherein he

has not levelled any allegation of theft, 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 -Jamna S/o Sh. Ram Lal Gurjar and Raju S/o Shri Ram

Lal Gurjar, in FIR No.123/2019 of Police Station Kotdi, District

Bhilwara 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) 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;

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

(VIJAY BISHNOI),J

50-akash/-

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