Rajasthan High Court - Jodhpur
Gajanand vs State Of Rajasthan on 5 May, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4504/2022
Rohit Allariya S/o Shri Kishan Lal, Aged About 46 Years, R/o
Sangam Vihar, Salasar Road, Ratangarh, District Churu,
Presently / The Then Posted As Manager Of Kriya-Vikariya
Sahakari Samiti, Ratangarh, District Churu.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 13518/2021
Gajanand S/o Shri Budharmal, Aged About 32 Years, B/c Jat, R/o
Village Bhukhreri, Tehsil Ratangarh, District Churu. (Proprietor -
Contractor From Gajanand Construction Company)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 13531/2021
Gajanand S/o Shri Budharmal, Aged About 32 Years, B/c Jat, R/o
Village Bhukhreri, Tehsil Ratangarh, District Churu. (Proprietor -
Contractor Farm Gajanand Construction Company)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dhirendra Singh, Sr. Adv.
Ms. Priyanka Borana
Mr. Deepak Menaria
Mr. NK Sharma
For Respondent(s) : Mr. Anda Ram Choudhary
Mr. Pradeep Jat
HON'BLE MR. JUSTICE FARJAND ALI
(2 of 3) [CRLMB-4504/2022]
Judgment / Order
05/05/2022
These anticipatory bail applications have been filed by the
petitioners Rohit Allariya & Gajanand apprehending their arrest in
connection with F.I.R. No. 27/2021 and FIR No. 28/2021
(Gajanand), registered at Police Station Rajaldeshar, District
Churu, for offences under Sections 420, 406,409, 120-B IPC.
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioners submit that the accused-
petitioner Gajanand against whom the nature and gravity of the
offence are identical and has been given the protection of pre-
arrest bail. He submits that rather the case of the petitioner
(Rohit) is on better footing. The matter pertains to
misappropriation of property related to cooperative society for
which, under the special statute an enquiry has been conducted
by Assistant Registrar of Cooperative Society wherein each and
every aspect as narrated in the FIR has been dealt with and as per
the conclusion of the report; the petitioners had no role to play in
commission of the crime rather the first informant of this case
Manoj Kumar have been found involved in commission of the
crime and has been arrested and behind the bars. He further
submits that the petitioners are ready to cooperate in
investigation of the case, their custodial interrogation would not
be required for any purpose.
Considering the submission and having regard to the entirety
of facts and circumstances as available on record, this Court is of
(3 of 3) [CRLMB-4504/2022]
the opinion that it is a fit case for grant of pre-arrest bail to the
petitioners under Section 438 Cr.P.C.
Accordingly, the bail applications are allowed and it is
directed that in the event of arrest of petitioners (1) Rohit Allariya
S/o Shri Kishan Lal and (2) Gajanand S/o Shri Budharmal in
connection with F.I.R. No.27/2021 and FIR No.28/2021, Police
Station Rajaldeshar, District Churu, the petitioners shall be
released on bail; provided each of them furnish a personal bond in
the sum of Rs.50,000/- along with two sureties of Rs.25,000/- to
the satisfaction of the concerned Investigating Officer/S.H.O. on
the following conditions :-
(i). that the petitioner(s) shall make himself/herself/themselves
available for interrogation by a police officer as and when
required;
(ii). that the petitioner(s) 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(s) shall not leave India without previous
permission of the court.
(FARJAND ALI),J
66-69 nidhi/-
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