Ram Chandra vs State Of Rajasthan ...
2023 Latest Caselaw 9337 Raj

Citation : 2023 Latest Caselaw 9337 Raj
Judgement Date : 8 November, 2023

Rajasthan High Court - Jodhpur

Ram Chandra vs State Of Rajasthan ... on 8 November, 2023

Bench: Farjand Ali

[2023:RJ-JD:38877]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10165/2023

Ram Chandra S/o Basanti Lal, Aged About 30 Years, R/o 315 Harsh Nagar, Rampura, Udaipur, Rajasthan.

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


For Petitioner(s)              :     Mr. Naman Mohnot
For Respondent(s)              :     Mr. Gaurav Singh, AGA
For Complainant                :     Mr. Sudhir Saruparia



                   HON'BLE MR. JUSTICE FARJAND ALI

                                          Order

08/11/2023

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                              360/2023
     2.    Concerned Police Station                Hiran Magri
     3.    District                                Udaipur
     4.    Offences alleged in the FIR             Sections 420 and 406 of the
                                                   IPC
     5.    Offences added, if any                  -
     6.    Date   of    passing                of 02.08.2023
           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:38877] (2 of 3) [CRLMB-10165/2023]

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 and the learned counsel for

the complainant 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. There appears

a transnational dispute between the parties arose out of the

discord during business relationship. The offences involved in case

are triable by a Court of Magistrate. It is not a case where

custodial interrogation would be required. Besides, 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

18.08.2023 restraining his arrest in the present case, the liberty

has not been misused by him 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 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.

[2023:RJ-JD:38877] (3 of 3) [CRLMB-10165/2023]

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