Gulabchand vs State Of Rajasthan
2022 Latest Caselaw 6828 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4540/2022

Gulabchand S/o Hansraj, Aged About 50 Years, R/o Tartoli Abu Road Ps Abu Road Sadar Dist. Sirohi

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

----Respondent

For Petitioner(s) : Mr. Shobha Prabhakar For Respondent(s) : Mr. Mahi Pal Bishnoi, PP

HON'BLE MR. JUSTICE FARJAND ALI Judgment / Order

07/05/2022 This anticipatory bail application has been filed by the

petitioner apprehending his arrest in connection with F.I.R.

No.77/2022, Police Station Abu Road City, District Sirohi, for the

offences under Sections 420 & 406 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record. Learned

counsel for the petitioner submits that for the same cause of

action, truth and substance as well as transaction, earlier an FIR

No. 210/2021 got lodged wherein after conducting thorough

investigation; a negative final report has been submitted

thereafter without there being a fresh cause of action another FIR

No. 77/2022 has been registered. The case essentially pertains to

civil dispute. It is not a case where custodial interrogation of the

petitioner would be required. He is ready to cooperate in the

investigation and will be abided by conditions imposed by this

Court.

(2 of 2) [CRLMB-4540/2022]

In view of above submissions and after considering facts and

circumstances as available on record. This Court is of the opinion

that it is a fit case for grant of pre-arrest bail to the petitioner

under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed

that in the event of arrest of petitioner Gulabchand S/o Hansraj in

connection with F.I.R. No.77/2022, Police Station Abu Road City,

District Sirohi, the petitioner shall be released on bail; provided he

furnishes a personal bond in the sum of Rs.50,000/- along with

two sureties of Rs.25,000/- each 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 138-nidhi/-

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