Rajasthan High Court - Jodhpur
Ram Singh vs State Of Rajasthan (2024:Rj-Jd:9285) on 22 February, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:9285]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10371/2023
Ram Singh S/o Shri Samuji, Aged About 47 Years, R/o 358,
Dhanol Road, Near Nadi, Dhamsin, District Jalore, Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. S.S. Rathore
For Respondent(s) : Mr. S.K. Bishnoi, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
22/02/2024
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
2. Concerned Police Station Goverdhan Vilas
3. District Udaipur
4. Offences alleged in the FIR Sections 384, 419, 420 and 120-B
of the IPC as well as Section 66-D
of he IT Act
5. Offences added, if any --
6. Date of passing of 01.06.2023
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
[2024:RJ-JD:9285] (2 of 3) [CRLMB-10371/2023]
no 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.
3. Contrary to the submissions of learned counsel for the
petitioner, learned Public Prosecutor has opposed the bail
application and submitted that the present case is not fit for
grant of anticipatory bail.
4. I have considered the submissions made by both the parties
and have perused the material available on record. The
offences involved in case are triable by a Court of Magistrate,
for which the provisions contained under Section 41 and 41-A
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.
5. An interim order was passed in favour of the petitioner on
16.10.2023 restraining his arrest in the present case, where-
after around four months have lapsed and the petitioner is
enjoying the said protection since then and he has not
misused the liberty during this prolonged period as no report
in this regard has been received by this Court. The matter is
pending before this Court since 14.08.2023. 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 consider-
ing the over all facts and circumstances of the case, it is
[2024:RJ-JD:9285] (3 of 3) [CRLMB-10371/2023]
deemed suitable to grant the benefit of anticipatory bail to the
petitioner in the present matter.
6. 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 offi-
cer as and when required;
(ii) that the petitioner shall not directly or in-
directly 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 with-
out previous permission of the court.
(FARJAND ALI),J
148-Ashutosh/-
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