Ghasi Satiya S/O Champalal vs State Of Rajasthan ...
2023 Latest Caselaw 6151 Raj/2

[2023:RJ-JP:30239]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 10388/2023

Ghasi Satiya S/o Champalal, R/o Chhipa Barod, Police Station
Chhipa Barod, Distt. Baran (Raj.)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s)         :     Mr. N.K. Singhal
For Respondent(s)         :     Mr. Laxman Meena, PP



           HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

                                     Order

18/10/2023

1. The instant pre-arrest bail application has been filed under

Section 438 Cr.P.C. on behalf of the petitioner, who is having

apprehension of his arrest in connection with FIR No.92/2023

registered at Police Station Chhipa Barod, District Baran for the

offences under Sections 306 & 34 of IPC.

2. Learned counsel for the petitioner submits that accused-

petitioner has falsely been implicated in this case. He further

submits that some money was borrowed by the deceased from the

petitioner and the same was not paid. Learned counsel submits

that ingredients of Section 107 of IPC are not visible in the

present case as there is no instigation on the part of the

petitioner. He submits that petitioner has joined the investigation

in terms of the order date dated 23.08.2023. He has relied upon

the judgment passed by co-ordinate Bench of this in the case of

Manish Kumar Sharma Vs. State of Rajasthan (1994) 1 RLR

[2023:RJ-JP:30239] (2 of 3) [CRLMB-10388/2023]

94 (Raj.) He also submits that custodial interrogation of the

petitioner is not required in this matter.

3. Learned Public Prosecutor opposes the bail application and

submits that deceased was harassed by the petitioner by

demanding money.

4. Considering the contentions put-forth by the counsel for the

petitioner and taking into account the totality of facts and

circumstances of the case, especially the fact that no suicide note

has been recovered in this matter, petitioner has joined the

investigation and so also keeping in view the law laid down in the

judgment passed by co-ordinate Bench of this Court Manish

Kumar Sharma (supra), but without expressing any opinion on

the merits/demerits of the case, this court deems it just and

proper to allow the anticipatory bail application.

5. Accordingly, the anticipatory bail application is allowed. The

S.H.O/I.O/Arresting Officer, Police Station Chhipa Barod, District

Baran in FIR No.92/2023 is directed that in the event of arrest of

the petitioner - Ghasi Satiya S/o Champalal, 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

[2023:RJ-JP:30239] (3 of 3) [CRLMB-10388/2023]

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.

(ANIL KUMAR UPMAN),J

255-Nirmala

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