Lalchand And Others vs State Of Rajasthan

Madan Gopal Vyas, J

This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with FIR No.05/2023, Police Station Bhanipura, District Churu for the offences punishable under Sections 354, 448, 341, 323, 506, 427, 34 IPC.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. It is also submitted that pursuant to the order dated 18.04.2023, petitioners have appeared before the Investigating Officer and have also co-operated with the Investigating Agency, therefore, their custodial interrogation is not required in the present case. Hence, benefit of anticipatory bail may be granted to the accused-petitioners.

Learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail, however, learned Public Prosecutor has produced a copy of factual report dated 03.05.2023 sent by SHO Police Station Bhanipura District Churu and submitted that Investigating Agency has already served notices upon the petitioners under Section 41(A)(1) of Cr.P.C. and has directed them to appear before the competent Court.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the impugned order and factual report available on record.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar as well as after perusing the factual report dated 03.05.2023, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioners under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioners (1) Lalchand S/o Mamraj Jat, and (2) Hariram S/o Imilal Jat in connection with FIR No.05/2023, Police Station Bhanipura, District Churu, the petitioners shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

(i). that the petitioners shall make themselves available for interrogation by a police officer as and when required; (ii). that the petitioners 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 them from disclosing such facts to the court or any police officer; and

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