Bheru Lal vs State, Through P.p.

This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.92/2019, Police Station Jawarmines, District Udaipur for the offences under Sections 4/21 of Mines and Minerals (Regulation and Development) Act, 1957 and Section 379 of IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that the petitioner has already deposited the compounding amount before the Mining Authorities.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, 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 Bheru Lal S/o Shri Dhool Ji Meena, in connection with F.I.R. No.92/2019, Police Station Jawarmines, District Udaipur, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) 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.