High CourtsSingle Bench

Ilas Khan And Others vs State Of Rajasthan

Rajasthan High Court · Decided on 21 March 2023 · Citation: (2023) 03 RAJ CK 0097

HON’BLE JUDGES
Dr. Nupur Bhati, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 406, 420 · Code Of Criminal Procedure, 1973 — Section 438
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 2766 Of 2023
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Judgment

11 paragraphs · 359 words

Dr. Nupur Bhati, J

1.

The lawyers are abstaining from work on account of strike.

2.

Learned Public Prosecutor submits that petitioner No.1 Ilas Khan S/o Shri Raje Khan has been arrested on 18.03.2023, therefore, the anticipatory bail application preferred on behalf of the petitioner No.1 Ilas Khan S/o Shri Raje Khan is dismissed as having become infructuous.

3.

So far as regarding the petitioner No.2 Smt. Parveena B W/o Shri Ilas Khan is concerned, this anticipatory bail application has been filed by the petitioner No.2 apprehending her arrest in connection with F.I.R. No.92/2022 Police Station Rajiv Gandhi Nagar, District Jodhpur, for the offences under Sections 420, 406, 120B IPC.

4.

The complainant Vedprakash Singh, present in person, submits that he and the petitioner No.2 have entered into a compromise and he does not wants to pursue the complaint further. He further states that the petitioner No.2 may be released on bail.

5.

Learned Public Prosecutor opposes the bail application.

6.

In view of above and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that it is a fit case for grant of pre-arrest bail to the petitioner No.2 under Section 438 Cr.P.C.

6.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner No.2- Smt. Parveena B W/o Shri Ilas Khan, she shall be released on bail in relation to the abovementioned FIR; provided she furnishes a personal bond in the sum of Rs.50,000/- 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(s) shall make himself/herself/themselves available for interrogation by a police officer as and when required;

(ii). that the petitioner(s) 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(s) shall not leave India without previous permission of the court.