Sonu @ Soniya vs State
2022 Latest Caselaw 3572 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 816/2022

Sonu @ Soniya S/o Sh. Harikishan Mali, Aged About 35 Years, R/o Napasar Distt. Bikaner (Raj.)

----Petitioner Versus State of Rajasthan through P.P.

----Respondent

For Petitioner(s) : Mr. Kaushal Gautam. For Respondent(s) : Mr. Laxman Solanki, P.P.

Mr. Varun Arora, through V.C.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order 08/03/2022

This anticipatory bail application has been filed by the

petitioner apprehending his arrest in connection with F.I.R.

No.181/2021, P.S. Napasar, District Bikaner, for offences under

Sections 457, 354 of the I.P.C.

Learned counsel for the petitioner submits that according to

the statement of prosecutrix recorded under Section 164 Cr.P.C.,

she has not identified the present petitioner and mentioned that

somebody came and caught her hand and when she shouted, her

sister, mother in law came there. Counsel further submits that

petitioner has been falsely implicated in this case and no useful

purpose will be served for sending him in judicial custody for an

indefinite period. Thus, the petitioner may be released on

anticipatory bail.

(2 of 2) [CRLMB-816/2022]

Learned Public Prosecutor and learned counsel for the

complainant have vehemently opposed the prayer for anticipatory

bail.

Heard learned counsel for the parties and perused the

impugned order.

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 petitioner under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed

that in the event of arrest of petitioner Sonu @ Soniya S/o Sh.

Harikishan Mali in connection with F.I.R. No.181/2021, P.S.

Napasar, District Bikaner, the petitioner shall be released on bail;

provided he 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 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.

(MANOJ KUMAR GARG),J 53-prashant/-

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