Dalpat Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 1477 Raj

[2023/RJJD/004453]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13476/2022

Dalpat Kumar S/o Shri Samuaa Ram Lohar, Aged About 45 Years, R/o Basantgarh Pindwara Dist. Sirohi Raj.

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

----Respondent

For Petitioner(s) : Mr. Dhirendra Singh, Sr. Advocate assisted by Mr. Laxman Singh For Respondent(s) : Mr. S.K. Bhati, P.P.

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 07/02/2023

This anticipatory bail application has been filed by the

petitioner apprehending his arrest in connection with FIR

No.94/2022, Police Station Pindwara, Sirohi for the offences under

Sections 420, 409, 467, 468, 471, 120B IPC.

Learned counsel for the petitioner submits that the co-

accused Smt. Leela has already been granted benefit of

anticipatory bail by co-ordinate Bench of this Court vide order

dated 13.10.2022. He further submits that petitioner has already

deposited the amount in question with interest. In support of his

argument, learned counsel has placed reliance upon the

judgments of Supreme Court delivered in the cases of Siddharth

Vs. State of Uttar Pradesh and Anr. : (2022) 1 SCC (Cri) 423 and

Satender Kumar Antil Vs. Central Bureau of Investigation and

Anr. : AIR 2022 SC 3386. Therefore, the petitioner may be

released on anticipatory bail.

[2023/RJJD/004453] (2 of 2) [CRLMB-13476/2022]

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, 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 is allowed and it is directed

that in the event of arrest of petitioner, Dalpat Kumar S/o Shri

Samuaa Ram Lohar in connection with FIR No.94/2022, Police

Station Pindwara, Sirohi, 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.

(MADAN GOPAL VYAS),J 85-Bharti/-

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