Buta Singh 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.33/2024 registered at Police Station Kotwali Sri Ganganagar, District Sri Ganganagar for the offences under Sections 455, 365 & 120-B of IPC.

Learned counsel for the petitioner submitted that a matrimonial dispute was going on between the friend of the present petitioner namely Bikramjit Singh and his wife. The allegation against the present petitioner is that he along with Bikramjit Singh and a few other persons forcibly took away the biological son of Bikramjit Singh from the lawful custody of his mother.

Learned counsel for the petitioner submitted that Bikramjit Singh (S.B. Criminal Misc(pet.) No.791/2024) has been granted interim stay on his arrest by this Court vide order dated 09.02.2024. It was further submitted that other co-accused persons namely Jaswant Singh & Honey Kumar (S.B. Criminal Miscellaneous Bail Application No.2528/2024) have already been granted regular bail by this Court vide order dated 07.03.2024.

Learned counsel vehemently submitted that the custody of the biological son of Bikramjit Singh has already been handed over to his wife/mother of the son and no recovery is due to be made from the present petitioner, therefore, no fruitful purpose would be served by sending the petitioner behind the bars. Therefore, it was prayed that the petitioner may be released on anticipatory bail.

Per Contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for anticipatory bail and submitted that looking to the seriousness of allegation of abducting of the minor son of the complainant levelled against the present petitioner, the petitioner does not deserve to be enlarged on anticipatory bail. However, learned Public Prosecutor was not in a position to refute the fact that the above named co-accused persons have been granted regular bail vide order dated 07.03.2024. Learned counsel for the respondents were also not in a position to refute the fact that the custody of the biological son of the complainant has already been handed over to her.

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

Having regard to the facts and circumstances of the case and upon a careful consideration of the arguments advanced at bar, this Court is of the opinion that no recovery is due to be made from the present petitioner. This Court also prima facie finds that the co-accused persons namely Jaswant and Honey Kumar have already been enlarged on regular bail by this Court vide order dated 07.03.2024. This Court is thus 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-Buta Singh S/o Darshan Singh in connection with FIR No.33/2024 registered at Police Station Kotwali Sri Ganganagar, District Sri Ganganagar 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.