Koyali Devi vs State
2022 Latest Caselaw 4566 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3000/2022

Smt. Koyali Devi W/o Late Shri Bhaira Ram Ji, Aged About 82 Years, B/c Jat, R/o Thoriyon Ki Dhani, Near Pal Balaji, Jodhpur.

----Petitioner Versus State of Rajasthan through Pp

----Respondent

For Petitioner(s) : Mr. Amit Maheshwari. For Respondent(s) : Mr. Laxman Solanki, P.P.

Mr. Raj Singh Bhati.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

23/03/2022

This anticipatory bail application has been filed under Section

438 Cr.P.C. by the petitioner apprehending her arrest in connection

with F.I.R. No.277/2016, Police Station Udaimandir, District

Jodhpur, for the offences under Sections 420, 406, 120B I.P.C.

Learned counsel for the petitioner submits that the petitioner

is an old lady aged 82 years and is suffering from several old age

ailments. In such circumstances, no useful purpose will be served

by sending the petitioner in jail for an indefinite period. Thus, the

petitioner may be released on anticipatory bail.

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.

(2 of 2) [CRLMB-3000/2022]

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 under Section 438 Cr.P.C. is

allowed and it is directed that in the event of arrest of petitioner

Smt. Koyali Devi W/o Late Shri Bhaira Ram Ji in connection with

F.I.R. No.277/2016, Police Station Udaimandir, District Jodhpur,

the petitioner 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 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 61-prashant/-

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