Premi vs State
2022 Latest Caselaw 4416 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2846/2022

1. Smt. Premi W/o Mohan Gadri, Aged About 68 Years.

2. Laxmi D/o Mohan Gadri, Aged About 21 Years.

3. Smt. Sushila W/o Kishan Gadri, Aged About 31 Years.

All R/o Satliyavas P.S. Mangalwad Dist. Chittorgarh.

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

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha. For Respondent(s) : Ms. Anita Gehlot, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

21/03/2022

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.8/2022, Police Station Mangalvad,

District Chittorgarh, for the offences under Sections 323, 452,

354, 34 I.P.C.

Learned counsel for the petitioners submits that the

petitioners have been roped in a false case and one of the

petitioner namely Smt. Premi W/o Mohan Gadri is an old lady aged

68 years. Counsel further submits that only omnibus allegations

have been leveled against the petitioners. In such circumstances,

no useful purpose will be served by sending the petitioners in jail

for an indefinite period. Thus, the petitioners may be released on

anticipatory bail.

(2 of 3) [CRLMB-2846/2022]

Learned Public Prosecutor has 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,

including the fact that petitioner no.1 is an old aged lady, this

Court is of the opinion that it is a fit case for grant of anticipatory

bail to the petitioner No.1 under Section 438 Cr.P.C.

Accordingly, the bail application qua petition no.1-Smt. Premi

W/o Mohan Gadri is partly allowed and it is directed that in the

event of arrest of petitioner no.1- Smt. Premi W/o Mohan Gadri in

connection with F.I.R. No.8/2022, Police Station Mangalvad,

District Chittorgarh, she shall be released on bail; provided she

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 herself 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 her 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.

So far as petitioners No.2 & 3 are concerned, looking to the

fact that specific allegations have been leveled against them. I am

not inclined to grant anticipatory bail to them. Hence this bail

(3 of 3) [CRLMB-2846/2022]

application under Section 438 Cr.P.C. qua petitioner Nos. 2 & 3

namely Laxmi D/o Mohan Gadri & (3) Smt. Sushila W/o Kishan

Gadri is rejected.

However, the petitioner Nos. 2 & 3 are permitted to

surrender before the concerned trial Court on or before

29.03.2022 and file an application for bail under Section 437

Cr.P.C and it is expected from the concerned trial Court that the

bail application will be decided on the same day.

Till 29.03.2022, the petitioner Nos. 2 & 3 shall not be arrested

in connection with F.I.R. No.8/2022, Police Station Mangalvad,

District Chittorgarh, for the offences under Sections 323, 452,

354, 34 I.P.C.

(MANOJ KUMAR GARG),J 50-prashant/-

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