Deu And Ors vs State Of Rajasthan

Heard learned counsel for the parties and also perused the material on record.

The petitioners apprehend their arrest in connection with FIR No.175/2019 of Police Station Chouhtan District Barmer for the offence punishable under Section 459, 147, 148, 323, 307/149 IPC. They have preferred this anticipatory bail application under Section 438 Cr.P.C.

At the outset, learned counsel for the petitioners has submitted that he does not want to press the criminal misc. bail application preferred on behalf of the petitioner No. 1- Deu W/o Ramjeevan and petitioner No.2 Smt. Mohani W/o Suja Ram, however, seeks liberty for them to surrender before the trial court. It is also prayed that if the petitioners surrender before the trial court and move a regular bail application, the trial court may be directed to decide the same expeditiously on the same day.

Accordingly, the criminal misc. bail application preferred by the petitioner- No. 1- Deu W/o Ramjeevan and petitioner No.2 Smt. Mohani W/o Suja Ram under Section 438 Cr.P.C. is dismissed as not pressed, however, they may surrender before the trial court and may move a regular bail application, if such application is moved, the trial court shall decide the same expeditiously.

So far as petitioner No.3 - Smt. Parmeshwari W/o Hari Ram, is concerned, learned counsel for the petitioner has submitted that no specific role has been assigned to her. It is also submitted that the petitioner No.3 is 60 years old aged lady and omnibus allegation has been levelled against her.

Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner No.3 Smt. Parmeshwari W/o Hari Ram, under Section 438 Cr.P.C.

Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner No.3- Smt. Parmeshwari W/o Hari Ram in FIR No.175/2019 of Police Station Chouhtan District Barmer she shall be enlarged on bail provided she furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

(i) She shall make themselves available for interrogation by Investigating Officer as and when required;

(ii) She 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 to any Police Officer;

(iii) She shall not leave India without the previous permission of the Court.