Bhanwar Singh vs State Of Rajasthan ...
2023 Latest Caselaw 9182 Raj

[2023:RJ-JD:38190]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 445/2023

Bhanwar Singh S/o Dhud Singh, Aged About 67 Years, Gajsukhdesar, Teh. Nokha, Dist. Bikaner.

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

----Respondent

For Petitioner(s) : Mr. Shreekant Verma For Respondent(s) : Mr. Sharwan Kumar, PP

HON'BLE MR. JUSTICE FARZAND ALI

Order

06/11/2023

1. The jurisdiction of this court has been invoked by way of

filing an application under Section 438 CrPC at the instance of

accused-petitioner. The requisite details of the matter are

tabulated herein below:

S.No.                            Particulars of the Case
     1.     FIR Number                              158/2019
     2.     Concerned Police Station                Jasrasar
     3.     District                                Bikaner
     4.     Offences alleged in the FIR             Sections 420, 467, 468, 471,
                                                    120-B of the IPC
     5.     Offences added, if any                  -
     6.     Date   of    passing                of 28.06.2022
            impugned order


2.        Having       apprehension       of    being      arrested       in    the   afore-

mentioned matter, the petitioner has prayed for anticipatory bail

on the ground that no case for the alleged offences is made out

against him and his incarceration is not warranted. There are no

[2023:RJ-JD:38190] (2 of 3) [CRLMB-445/2023]

factors at play in the case at hand that may work against grant of

anticipatory bail to the accused-petitioner and he has been made

an accused based on conjectures and surmises.

4. Contrary to the submissions of learned counsel for the

petitioner, learned Public Prosecutor has opposed the bail

application and submit that the present case is not fit for grant of

anticipatory bail.

5. I have considered the submissions made by both the parties

and have perused the material available on record. The incident is

of the year 2014. The petitioner is an old man aged 67 years.

The case pertains to the era when the petitioner was Sarpanch of

the concerned village. He is not a full-time public servant. The

offences involved in case are triable by a Court of Magistrate, for

which the provisions contained under Section 41 and 41A of the

CrPC are applicable mutatis mutandis and the judgment rendered

by Hon'ble Supreme Court in the case of Arnesh Kumar v. State

of Bihar [AIR 2014 SC 2756] applies squarely in the present

case, where custodial investigation would not be required.

6. An interim order was passed in favour of the petitioner on

20.01.2023 restraining his arrest in the present case, whereafter

around 10 months have lapsed and the petitioner is enjoying the

said protection since then and he has not misused the liberty or

transgressed his limits during this period as no report in this

regard has been received by this court. Thus, in light of the

judgment rendered by Hon'ble Supreme Court in the case of

Abhishek Kumar Vs. State of Dehli (Criminal Appeal

No.360/2022) reported in 2022/INSC/275, and considering

[2023:RJ-JD:38190] (3 of 3) [CRLMB-445/2023]

the over all facts and circumstances of the case, it is deemed

suitable to grant the benefit of anticipatory bail to the petitioner in

the present matter. Needless to say, none of the observations

made herein under shall affect the rights of either of the parties

during trial and this Court refrains from commenting on the

niceties of the matter.

7. Accordingly, the instant bail application under Section 438

Cr.P.C. is allowed. The S.H.O/I.O/Arresting Officer of the

concerned Police Station is directed that in the event of arrest of

the petitioner in connection with the FIR, details of which have

been given in tabular form above, he shall be released on bail,

provided he furnishes a personal bond in the sum of Rs.50,000/-

with two sureties in the sum of Rs.25,000/- each to the

satisfaction of the S.H.O/I.O/Arresting Officer of the concerned

Police Station 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.

(FARZAND ALI),J 146-Pramod/-

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