Nemwati Wife Of Shri Bachchu Singh vs State Of Rajasthan
2022 Latest Caselaw 5456 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 11549/2022

1.       Nemwati Wife Of Shri Bachchu Singh, Aged About 60
         Years, R/o Gram Ludhabai, P.s. Sewar, Distt. Bharatpur
         (Raj.)
2.       Babita D/o Shri Bachchu Singh, Aged About 30 Years, R/o
         Gram Ludhabai, P.s. Sewar, Distt. Bharatpur (Raj.)
3.       Brijesh Son Of Shri Bachchu Singh, Aged About 26 Years,
         R/o Gram Ludhabai, P.s. Sewar, Distt. Bharatpur (Raj.)
4.       Manvendra Son Of Shri Bachchu Singh, Aged About 23
         Years, R/o Gram Ludhabai, P.s. Sewar, Distt. Bharatpur
         (Raj.)
5.       Savita D/o Bachchu Singh, Aged About 45 Years, R/o
         Gram Ludhabai, P.s. Sewar, Distt. Bharatpur (Raj.)
                                                                 ----Petitioners
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Petitioner(s) : Mr. Sumer Singh Ola For Respondent(s) : Mr. Laxman Meena, PP

HON'BLE MR. JUSTICE SAMEER JAIN

Order

03/08/2022

1. The present bail application has been filed under

Section 438 Cr.P.C. in connection with FIR No.558/2015 registered

at Police Station Sewar, District Bharatpur for the offence(s) under

Sections 323, 341, 354 of IPC.

2. Learned counsel for the applicants submits that one FIR

dated 16.11.2015 was filed wherein out of six accused only four

accused excluding Ms. Savita was acquitted. It was only under

Section 319 Cr.P.C. application that the matter was again initiated.

(2 of 3) [CRLMB-11549/2022]

It is submitted that the applicant was called by bailable warrant

but the offence alleged are non bailable. Learned counsel has

relied upon judgment of Rajasthan High Court titled as Puran

Chander Sen Vs. State of Rajasthan & Ors. in S.B. Crl. Misc.

Bail Application No.11198/2014, wherein it was held that if

bailable warrants are issued in a non bailable offence, there is

every apprehension that the said court may deny bail to the

accused and send him behind the bars and since there is

apprehension of arrest, anticipatory bail application is

maintainable.

3. Learned Public Prosecutor has opposed the bail

application and submitted that if bailable warrants are issued,

there is no apprehension of arrest.

4. Considering the submissions made by learned counsel

for the parties, this court deems it fit to enlarge the applicants on

bail.

5. Accordingly, the anticipatory bail application is allowed.

The S.H.O/I.O/Arresting Officer, Police Station Sewar, District

Bharatpur in F.I.R. No.558/2015 is directed that in the event of

arrest of the applicants- (1) Nemwati Wife Of Shri Bachchu

Singh (2) Babita D/o Shri Bachchu Singh (3) Brijesh Son Of

Shri Bachchu Singh (4) Manvendra Son Of Shri Bachchu

Singh, (5) Savita D/o Bachchu Singh they shall be released on

bail, provided they furnish a personal bond in the sum of

Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to

the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned

Police Station on the following conditions:-

(i) that the applicants shall make themselves available for interrogation by a police officer as and when required;

(3 of 3) [CRLMB-11549/2022]

(ii) that the applicants 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 applicants shall not leave India without

previous permission of the court.

(SAMEER JAIN),J

JKP/128

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