High CourtsSingle Bench

Bhagwan Sahay vs State Of Rajasthan

Rajasthan High Court · Decided on 6 July 2020 · Citation: (2020) 07 RAJ CK 0247

HON’BLE JUDGES
Pankaj Bhandari, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 376, 511
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 3100 Of 2020
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Judgment

14 paragraphs · 247 words
1.

Petitioner has filed this miscellaneous bail application under Section 438 Cr.P.C.

2.

F.I.R. No. 408/2019 was registered at Police Station Malakheda, District Alwar, for offence under Sections 376 and 511 of I.P.C.

3.

It is contended by counsel for the petitioner that there is property dispute between the petitioner and complainant party. There is inordinate delay in

lodging of FIR. No reason has been assigned in the FIR for the inordinate delay.

4.

Learned Public Prosecutor has opposed the bail application.

5.

I have considered the contentions.

6.

Considering the arguments put forth by counsel for the petitioner, I deem it proper to allow the anticipatory bail application.

7.

The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Malakheda, District Alwar in F.I.R. No.408/2019 is

directed that in the event of arrest of the petitioner 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 his satisfaction 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.