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Judgment
13 paragraphs · 234 wordsThe present application for anticipatory bail under Section 438 of Cr.P.C. has been filed by the petitioners apprehending their arrest in connection with
F.I.R. No. 35/2020, Police Station Sajjangarh, District Banswara for the offences under Sections 143, 332, 353/34, 148 & 149 of I.P.C.
Heard. Perused the material available on record.
Learned Public Prosecutor has vehemently opposed the bail application.
Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of
the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend the benefit under
Section 438 of Cr.P.C. to the petitioners.
Accordingly, the present anticipatory bail application preferred by the petitioners under Section 438 of Cr.P.C. is hereby rejected.
However, it is submitted on behalf of the petitioners that the petitioners are ready to surrender before the concerned court, which may consider their
bail application on the same day.
Taking into consideration the facts and circumstances of the present case and in the interest of justice, it is directed that if the petitioners (1) Hadiya
S/o Lakha and (2) Kanti Lal S/o Gunga surrender before the trial Court on or before 17.03.2020 and file a regular bail application, the concerned trial
Court shall consider their bail application preferably on the same day in accordance with law.