Hansraj Meena S/O Shri Gokal Ram Meena vs State Of Rajasthan (2024:Rj-Jp:7392)
2024 Latest Caselaw 1079 Raj/2

Citation : 2024 Latest Caselaw 1079 Raj/2
Judgement Date : 13 February, 2024

Rajasthan High Court

Hansraj Meena S/O Shri Gokal Ram Meena vs State Of Rajasthan (2024:Rj-Jp:7392) on 13 February, 2024

Author: Praveer Bhatnagar

Bench: Praveer Bhatnagar

[2024:RJ-JP:7392]

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Anticipatory Bail Application No.
                                   14034/2023

Hansraj Meena S/o Shri Gokal Ram Meena, aged about 31 Years,
R/o Village Dabla Mev, Tehsil Rajgarh, District Alwar.
                                                                       ----Petitioner
                                       Versus
1.        State of Rajasthan, through P.P.
2.        Victim, R/o
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Mohar Pal Meena
For Respondent(s)            :     Mr. Suresh Kumar, PP
                                   Mr. S.N. Khinchi
                                   Mr. Kishan Swami



          HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

                                        Order

13/02/2024

1.    Apprehending his arrest in connection with FIR No.73/2016

registered at Police Station Rajgarh, District Alwar for the

offence(s) under Sections 376, 366 & 506 IPC, the petitioner has

preferred this anticipatory bail application under Section 438

Cr.P.C.

2.    Learned counsel for the accused-petitioner submits that vide

order dated 17.10.2023 learned trial Court has taken cognizance

under Section 366 IPC and called the accused-petitioner through

summon. the accused-petitioner is in apprehension that if the

accused-petitioner appear before the concerned Court then, the

said Court may deny bail to the accused-petitioner and sent him

behind the bar, therefore, this anticipatory bail of the accused-



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petitioner may be allowed.               Learned counsel for the accused-

petitioner in support of his arguments, relied upon the order and

judgment of Coordinate Bench of this Court passed in S.B.

Criminal Misc. Bail Cancellation Application No.11198/2014: Puran

Chander Sen Vs. State of Raj. & Ors, decided on 09.10.2014.

3.    Learned       Public    Prosecutor        as    well     as   learned   counsel

appearing     on     behalf     of    respondent-complainant             vehemently

oppose the bail application and contended that there is no

reasonable apprehension that accused-petitioner shall be arrested.

The learned trial Court vide order dated 17.10.2023 called the

accused-petitioner through summon therefore, the anticipatory

bail application of the accused-petitioner may be rejected.

4.    Heard learned counsel for the parties and learned Public

Prosecutor and perused the material available on record as well as

the judgment/order relied upon by learned counsel for the

petitioner.

5. The Coordinate Bench in Puran Chander Sen (supra) after

referring the judgment passed by different High Court held that if

in pursuance of the bailable warrants, accused appear before the

Court of Magistrate in case of a non-bailable offence, there is

every apprehension that the said Court may deny bail to the

accused and send him behind the bars.

6. Therefore, in the case when the accused have been

summoned through bailable warrant the anticipatory bail may be

granted.

7. Having regard to the facts and circumstances of the case and

in view of the order/judgment passed by the Coordinate Bench of

this Court, without commenting anything on the merits/demerits

[2024:RJ-JP:7392] (3 of 3) [CRLMB-14034/2023]

of the case, I deem it just and proper to grant anticipatory bail to

the accused-petitioner.

8. Accordingly, the anticipatory bail application of the accused-

petitioner Hansraj Meena S/o Shri Gokal Ram Meena is

allowed. The S.H.O/I.O/Arresting Officer, Police Station Rajgarh

District Alwar in F.I.R. No.72/2016 is directed that in the event of

arrest of the accused-petitioner- Hansraj Meena S/o Shri Gokal

Ram Meena, he shall be released on bail, provided he furnishes a

personal bond in the sum of Rs.1,00,000/- with two sureties in the

sum of Rs.50,000/- 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