Ehsan Mohammed vs State
2022 Latest Caselaw 5159 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3531/2022

Ehsan Mohammed S/o Molabaksh Musalman, Aged About 45 Years, R/o Momin Mohalla, Near Sanganer Masjid, Ps Subhash Nagar, Dist. Bhilwara.

----Petitioner Versus State of Rajasthan through Pp

----Respondent

For Petitioner(s) : Mr. Ramesh Chandra Purohit. For Respondent(s) : Mr. Javed Gauri, P.P.

Mr. K.P. Singh.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

06/04/2022

This anticipatory bail application has been filed under Section

438 Cr.P.C. by the petitioner apprehending his arrest in connection

with F.I.R. No.48/2022, Police Station Sadar, District Chittorgarh,

for the offences under Sections 406, 420 I.P.C.

Learned counsel for the petitioner submits that the main

allegation has been levelled against Mukim Khan @ Sikandar and

no specific averment for the alleged offence has been made

against the present petitioner. In such circumstances, no useful

purpose will be served by sending the petitioner behind the bars

for an indefinite period. Thus, the petitioner may be released on

anticipatory bail.

(2 of 2) [CRLMB-3531/2022]

Learned Public Prosecutor and learned counsel for the

complainant have vehemently opposed the prayer for anticipatory

bail.

Heard learned counsel for the parties and perused the

impugned order.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced at the bar, this

Court is of the opinion that it is a fit case for grant of anticipatory

bail to the petitioner under Section 438 Cr.P.C.

Accordingly, the bail application under Section 438 Cr.P.C. is

allowed and it is directed that in the event of arrest of petitioner

Ehsan Mohammed S/o Molabaksh Musalman in connection with

F.I.R. No.48/2022, Police Station Sadar, District Chittorgarh, the

petitioner shall be released on bail; provided he furnishes a

personal bond in the sum of Rs.1,00,000/- along with two sureties

of Rs.50,000/- 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.

(MANOJ KUMAR GARG),J 61-prashant/-

Powered by TCPDF (www.tcpdf.org)