Citation : 2021 Latest Caselaw 5527 Raj/2
Judgement Date : 1 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 14491/2021
Harphool Singh S/o Pokar Singh, Aged About 87 Years, R/o
Village And Post Hanumanpura, Tehsil And District Jhunjhunu.
----Accused-Petitioner
Versus
State Of Rajasthan, Through Its Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Kuldeep Singh Punia For Respondent(s) : Mr. F.R. Meena, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
01/10/2021 This application for anticipatory bail has been filed by the
petitioner apprehending his arrest in connection with F.I.R.
No.444/2009 registered at Police Station Gandhi Nagar, District
Jaipur for the offence under Section(s) 420, 120-B & 167 of IPC
and later on for the offence under Section(s) 420, 167, 467, 468,
471 & 120-B of IPC.
Learned counsel for the petitioner submits that he has falsely
been implicated in this case and as a matter of fact, the disputed
marriage certificate already stands cancelled by the judgment and
decree dated 17.09.2014 passed by the Court of learned Civil
Judge (Junior Division), Jhunjhunu in Civil Suit No.76/2010. He
submits that the petitioner is 87 years of age, dispute has already
settled between the parties and prays for benefit of pre-arrest
bail.
Learned Public Prosecutor has opposed the bail application.
(2 of 2) [CRLMB-14491/2021]
Taking into consideration the submissions advanced by the
learned counsel for the petitioner, his advance age, the nature of
allegation, cancellation of the disputed marriage certificate by the
competent Civil Court and amicable settlement of dispute between
the parties; but, without expressing any opinion on the merits of
the case, this Court deems it just and proper to enlarge the
petitioner on anticipatory bail under Section 438 Cr.P.C.
Accordingly, the bail application is allowed and it is directed
that in the event of arrest of petitioner in connection with afore-
mentioned FIR registered at concerned Police Station, the
petitioner Harphool Singh S/o Pokar Singh shall be released on
bail; provided he furnishes a personal bond in the sum of
₹1,00,000/- (Rupees One Lac only) together with two sureties in
the sum of ₹50,000/- (Rupees Fifty Thousand only) each to the
satisfaction of the concerned Investigating Officer/S.H.O. on the
following conditions :-
(i). that the petitioner shall make himself available for interrogation by a police officer as and when required;
(ii). that the petitioner 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 shall not leave India without previous permission of the court.
(MAHENDAR KUMAR GOYAL),J
MADAN/65
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