Citation : 2022 Latest Caselaw 2368 Raj/2
Judgement Date : 16 March, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
17275/2021
Ishwar Lal Kumawat S/o Mangu Ram Kumawat, Aged About 65
Years, R/o Village Pachar, Tehsil Danta Ramgarh, Dist. Sikar,
Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
Connected With S.B. Criminal Miscellaneous Bail Application No. 17276/2021
1. Hanuman S/o Devaram, R/o Surpura, P.s. Renwal, Dist.
Jaipur.
2. Ramsahay S/o Mangilal, R/o Turkiyawas, P.s. Renwal, Dist.
Jaipur.
----Petitioners Versus State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Vijay Kumar Jangid Mr. Anil Kumar For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
16/03/2022
1. The present bail applications have been filed under Section
438 Cr.P.C. on behalf of the accused-petitioners Ishwar Lal
Kumawat S/o Mangu Ram Kumawat, Hanuman S/o Devaram &
Ramsahay S/o Mangilal in connection with FIR No.297/2019
(2 of 3) [CRLMB-17275/2021]
registered at Police Station Renwal, District Jaipur (Rural) for the
offence(s) under Sections 420, 467, 468, 471 & 120-B IPC.
2. Learned counsel for the accused-petitioners submits that the
impugned F.I.R. has been lodged for cause of action which arose
to the complainant nine years ago. As per the allegations, consent
letter for obtaining consent was forged on 07.02.2006.
3. Learned Public Prosecutor has vehemently opposed the bail
applications.
4. Having considered the overall allegations leveled in the FIR
and looking to the peculiar facts and circumstances of the case, in
my considered view, in the present case, custodial interrogation of
the petitioner is not required.
5. 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 applications.
6. Accordingly, the anticipatory bail applications are allowed.
The S.H.O/I.O/Arresting Officer, Police Station Renwal, District
Jaipur (Rural) in F.I.R. No. 297/2019 is directed that in the event
of arrest of the petitioners- Ishwar Lal Kumawat,Hanuman
S/o Devaram and Ramsahay S/o Mangilal, they shall be
released on bail, provided each of them 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 petitioners shall make themselves available for interrogation by a police officer as and
(3 of 3) [CRLMB-17275/2021]
when required;
(ii) that the petitioners 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 petitioners shall not leave India without previous permission of the court
(FARJAND ALI),J
ARTI SHARMA /97-98
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