Santosh Kumar vs State
2022 Latest Caselaw 3573 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14084/2021

1. Santosh Kumar S/o Shri Dhan Ram, Aged About 36 Years, R/o Kumhariya, Police Station Anandpuri, District Banswara (Raj).

2. Kamlesh S/o Shri Shankar, Aged About 22 Years, R/o Village Borwaniya, Police Station Anandpuri, District Banswara (Raj.).

3. Hitesh Kumar S/o Shri Magan Lal, Aged About 25 Years, R/o Kumhariya, Police Station Anandpuri, District Banswara (Raj.).

4. Kamal Kishore S/o Shri Mohan Lal, Aged About 24 Years, R/o Police Station Anandpuri, District Banswara.

5. Mukesh Kumar S/o Shri Phool Shankar, Aged About 44 Years, R/o Chandarwada, Police Station Anandpuri, District Banswara (Raj.).

6. Manish S/o Shri Khatu Ram, aged about 25 years, resident of Village Kumhariya, P.S. Anandpuri, District Banswara (Raj.)

7. Mohan Lal S/o Nathu Ji, Aged About 48 Years, R/o Village Narniya, Police Station Anandpuri, District Banswara (Raj).

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

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh Rathore. For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

08/03/2022

Learned counsel for the petitioners wants to withdraw the

present bail application under Section 438 Cr.P.C. on behalf of

(2 of 3) [CRLMB-14084/2021]

petitioner Nos.(1) Santosh Kumar, (2) Kamlesh, (3) Hitesh Kumar,

(4) Kamal Kishore, (5) Mukesh Kumar & (7) Mohan Lal, since the

bail application preferred by these petitioners has already been

allowed by this Court vide order of even date passed in S.B.

Criminal Misc. Bail Application No.14010/2021.

Accordingly, the bail application under Section 438 Cr.P.C.

qua petitioner Nos.1, 2, 3, 4, 5 & 7 is dismissed as withdrawn.

So far as petitioners No.6-Manish is concerned, counsel

submits that the case of the petitioner is identical to those of the

co-accused who have already been granted anticipatory bail by

this Court. In such circumstances, the petitioner No.6-Manish may

be released on anticipatory bail.

Learned Public Prosecutor has 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 petitioner No.6 under Section 438 Cr.P.C.

Accordingly, the bail application is partly allowed and it is

directed that in the event of arrest of petitioner Manish S/o Shri

Khatu Ram in connection with F.I.R. No.180/2021, Police Station

Anandpuri (Banswara), for the offences punishable under Sections

143, 145, 153, 153-A, 505(1)(B) & 120-B of I.P.C., he 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 :-

                                                                         (3 of 3)                     [CRLMB-14084/2021]


                                        (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 C-1-Prashant/-

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