Shiv Prakash vs State
2022 Latest Caselaw 4665 Raj

(1 of 2) [CRLMB-519/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 519/2022

Shiv Prakash S/o Shaitan Ram, Aged About 20 Years, R/o Rajaniyo Ka Baas, Khidrat, Falaudi Tehsil, District Jodhpur.

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

----Respondent

For Petitioner(s) : Mr. Ashok Upadhyay. For Respondent(s) : Mr. Laxman Solanki, P.P.

Ms. Anu Choudhary.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

28/03/2022

This anticipatory bail application has been filed under Section

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

with F.I.R. No.245/2021, Police Station Bajju, District Bikaner, for

the offences under Sections 308, 325, 323, 341 & 34 of Indian

Penal Code.

Learned counsel for the petitioner submits that the

compromise has arrived at between the parties and no useful

purpose will be served to send the petitioner behind the bars for

an indefinite period. Thus, the petitioner may be released on

anticipatory bail.

Learned Public Prosecutor has opposed the prayer for

anticipatory bail. However, learned counsel for the complainant

has concurred the fact of compromise arrived at between the

parties.

(2 of 2) [CRLMB-519/2022]

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 under Section 438 Cr.P.C. is

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

Shiv Prakash S/o Shaitan Ram in connection with F.I.R.

No.245/2021, Police Station Bajju, 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 50-prashant/-

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