Sher Mohammed Sher Khan vs State Of Rajasthan
2022 Latest Caselaw 15010 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8162/2022

Sher Mohammed Sher Khan S/o Babu Khan, Aged About 48 Years, 14/1032, Chopasni Housing Board, Jodhpur. At Present- C-12, Palm Greens, Prahlad Nagar, Makarba, Ahmedabad (Guj.).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Javed Hussain For Respondent(s) : Mr. S.K. Vishnoi, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

20/12/2022

1. Apprehending the arrest, the present bail application has

been filed by the petitioner-Sher Mohammed @ Sher Khan under

Section 438 Cr.P.C. in connection with FIR No.230/2021 registered

at Police Station Boranada for the offences under Sections 420

and 406 IPC.

2. Learned counsel for the petitioner submits that the FIR came

to be registered in the year 2021. Pursuant to the direction passed

by this Court, he has joined the investigation. It is not a case

where custodial interrogation would be required.

3. Learned counsel for the petitioner has placed reliance on the

judgment passed by Hon'ble Supreme Court in case of Abhishek

Kumar v. State of Delhi [Criminal Appeal No.360/2022].

3. Per contra, learned Public Prosecutor has vehemently

opposed the bail application.

(2 of 2) [CRLMB-8162/2022]

4. Heard. Considering the contentions put-forth by the counsel

for the petitioner and taking into account the totality of facts and

circumstances of the case and without expressing any opinion on

the merits of the case, this court deems it just and proper to allow

the anticipatory bail application.

5. Accordingly, the anticipatory bail application is allowed. The

S.H.O/I.O/Arresting Officer, Police Station Boranada in F.I.R. No.

230/2021 is directed that in the event of arrest of the petitioner

he shall be released on bail, provided he furnishes 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 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.

(FARJAND ALI),J 378-KshamaD/-

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