Anil vs State Of Rajasthan

Kuldeep Mathur, J

This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.52/2022 registered at Police Station Phalodi, Jodhpur for the offences under Sections 147, 341, 323, 307, 427, 506 and 382 IPC.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. The grievous injuries allegedly inflicted upon the injured are on non-vital parts of the body; co-accused Sishram @ Sishpal (S.B. Cr. Misc. Bail Application No.8322/2022) has already been enlarged on bail under Section 439 Cr.P.C. by a coordinate Bench of this Court vide order dated 12.07.2022; no recovery is due to be made from the present petitioner and therefore, his custodial interrogation is not necessitated in the present case. Learned counsel submitted that the petitioner and the injured have entered into a compromise and have decided to settle their disputes amicably in the spirit of Lok Adalat. It was therefore prayed that the petitioner may be released on anticipatory bail.

Learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail. However, she was not in position to refute the fact that co-accused Sishram @ Sishpal has already been enlarged on regular bail by a coordinate Bench of this Court vide order dated 12.07.2022.

Heard the learned counsel for the parties. 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 so also the fact that the petitioner and the injured have entered into a compromise and have decided to settle their disputes amicably in the spirit of Lok Adalat, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner-Anil S/o Shri Ratanlal in connection with FIR No.52/2022 registered at Police Station Phalodi, Jodhpur, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- each along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. 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

(iii). that the petitioner shall not leave India without previous permission of the court.