Rajasthan High Court - Jodhpur
Nirmal Kamra vs State on 7 March, 2022
Bench: Manoj Kumar Garg
(1 of 3) [CRLMB-12612/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12612/2021
1. Nirmal Kamra S/o Late Sh. Chandra Bhan Kamra, Aged
About 45 Years, B/c Kamra, R/o A-84, Karni Nagar, Pawan
Puri, Bikaner.
2. Mamta Kamra W/o Nirmal Kamra, Aged About 41 Years,
B/c Kamra, R/o A-84, Karni Nagar, Pawan Puri, Bikaner.
3. Hariprashad Prajapat S/o Sh. Hanuman Prajapat, Aged
About 45 Years, B/c Prajapat, R/o Ward No. 20, Near
Gigasar Well, Ratangarh, District Churu.
----Petitioners
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Anil Vyas.
For Respondent(s) : Mr. Laxman Solanki, P.P.
Mr. Vineet Jain, Sr. Adv., assisted by
Mr. Ashok Kumar.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
07/03/2022
The present anticipatory bail application under Section 438
Cr.P.C. has been filed by the petitioners apprehending their arrest
in connection with F.I.R. No.222/2021, Police Station J.N.V. Colony,
Bikaner, for the offences punishable under Sections 420, 406, 467,
468, 471, 506 and 120-B I.P.C.
After hearing learned counsel for the parties, I am not
inclined to grant anticipatory bail to petitioner No.1 Nirmal Kamra,
hence this bail application qua petitioner No.1 is rejected.
(2 of 3) [CRLMB-12612/2021]
However, the petitioner No.1 Nirmal Kamra is permitted to
surrender before the concerned trial Court on or before
14.03.2022 and file an application for bail and it is expected from
the concerned trial Court that the bail application will be decided
on the same day.
Till 14.03.2022, the petitoner No.1-Nirmal Kamra shall not be
arrested in connection with F.I.R. No.222/2021, Police Station J.N.V.
Colony, Bikaner, for the offences punishable under Sections 420,
406, 467, 468, 471, 506 and 120-B I.P.C.
So far as petitioners No.2 & 3 are concerned, counsel
submits that no specific allegation has been levelled against them
and their signatures are not present on the document i.e.
agreement to sale. In such circumstances, no useful purpose will
be served by sending the petitioners No.2 & 3 in jail for an
indefinite period. Thus, the petitioners No.2 & 3 may be released
on anticipatory bail.
Learned Public Prosecutor and learned counsel for the
complainant have vehemently opposed the prayer for anticipatory
bail.
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 petitioners No.2 & 3 under Section 438 Cr.P.C.
Accordingly, the bail application is partly allowed and it is
directed that in the event of arrest of petitioners (1) Mamta
Kamra, W/o Nirmal Kamra & (2) Hari Prashad Prajapat S/o Shri
Hanuman Prajapat in connection with F.I.R. No.222/2021, Police
Station J.N.V. Colony, Bikaner, for the offences punishable under
(3 of 3) [CRLMB-12612/2021]
Sections 420, 406, 467, 468, 471, 506 and 120-B I.P.C , they shall
be released on bail; provided each of them 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 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.
(MANOJ KUMAR GARG),J
52-prashant/-
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