Sachin S/O Harish Chand vs State Of Rajasthan
2022 Latest Caselaw 2421 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Bail Application No. 2285/2022
1.      Sachin S/o Harish Chand, Aged About 23 Years, R/o Village
        Hatheni PS Chiksana Tehsil And District Bharatpur Raj.
2.      Lokendra @ Lokesh S/o Arab Singh, Aged About 24 Years, R/o
        Village Hatheni PS Chiksana Tehsil And District Bharatpur Raj.
                                                                  ----Petitioners

                                     Versus

State of Rajasthan, Through PP

                                                                 ----Respondent

For Petitioner(s) : Mr. Rajneesh Gupta, Advocate For Respondent(s) : Mr. F.R. Meena, PP for the State Mr. Sudhir Yadav, Advocate for the complainant

HON'BLE MR. JUSTICE FARJAND ALI Judgment / Order

21/03/2022

1. The present bail application has been filed by the petitioners

Sachin S/o Harish Chand and Lokendra @ Lokesh S/o Arab Singh under

Section 438 Cr.P.C. in connection with FIR No.262/2017 registered at

Police Station Atalband, Bharatpur for the offence(s) under Sections

363, 366-A of IPC.

2. Learned counsel for the petitioners submits that as a matter of

fact, in this case, after investigation, a negative final report came to be

submitted before the Court below, wherein, the complainant made a

protest, therefore, the learned Trial Judge initiated an inquiry under

Sections 200 and 202 of Cr.P.C. and after recording of the statements of

the witnesses, it took cognizance of the offence and issued warrant of

arrest against the petitioners and one Deepak vide order dated

12.07.2021.

3. Learned Public Prosecutor has vehemently opposed the bail

application.

(2 of 2) [CRLMB-2285/2022]

4. Learned counsel for the complainant has also vehemently opposed

the bail plea by submitting that it is a case of kidnap and molestation of

a minor, therefore, the petitioners are not entitled to be released on

anticipatory bail. The grounds of negative final report reached by the

Investigating Agency were discarded by the learned Court below and

thus, it committed no error in passing the order dated 12.07.2021. He

further submits that the said order dated 12.07.2021 has not been

assailed by the accused-petitioners.

5. Considering the contentions put-forth by the counsel for the

parties 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.

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

S.H.O/I.O/Arresting Officer, Police Station Atalband, Bharatpur in F.I.R.

No. 262/2017 is directed that in the event of arrest of the petitioners,

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 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

Mohita /60

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