Afsana And Ors vs State

This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with FIR No.40/2020, Police Station Khatubadi, District Nagaur for the offences under Sections 341, 323 & 336 IPC.

Counsel for the petitioners dose not want to press this bail application qua the petitioner No.2 Fakruddin.

Hence, the bail application qua the petitioner No.2 Fakruddin is dismissed as not pressed.

So far as petitioner No.1 is concerned, learned counsel submits that she is a lady and she has falsely been implicated in this case, therefore, no useful purpose would be served by sending the petitioner No.1 behind the bars for indefinite time. Thus, the petitioner No.1 may be released on anticipatory bail.

Learned Public Prosecutor vehemently opposed the prayer for anticipatory bail.

Heard the learned counsel for the parties and perused the impugned order.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner No.1 under Section 438 Cr.P.C.

Accordingly, the bail application qua petitioner No.1 is allowed and it is directed that in the event of arrest of petitioner No.1 Afsana W/o Shahbaz Khan in connection with FIR No.40/2020, Police Station Khatubadi, District Nagaur, the petitioner No.1 shall be released on bail; provided she furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

(i). that the petitioner No.1 shall make herself available for interrogation by a police officer as and when required;

(ii). that the petitioner No.1 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 No.1 shall not leave India without previous permission of the court.