Magharam Suthar vs State Of Rajasthan

Manoj Kumar Garg, J

This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.293/2020, Police Station Kotgate, District Bikaner for the offences under Sections 452, 341, 323, 504, 34 of IPC.

Learned counsel for the petitioner submits that all the offences are bailable except offence under Section 452 of IPC, which is non-bailable and the notice under Section 41 of Cr.P.C. has already been issued to the present petitioner, therefore, no useful purpose would be served by sending the petitioner behind the bars for indefinite time. Thus, the petitioner may be released on anticipatory bail.

Learned Public Prosecutor and counsel for the complainant vehemently opposed the prayer for anticipatory bail.

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

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar and from the perusal of the case diary it is clear that the notice under Section 41 Cr.P.C. has been given to the present petitioner. In these circumstances, this Court is 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 Magharam Suthar S/o Late Anantlal in connection with FIR No.293/2020, Police Station Kotgate, District Bikaner, the petitioner shall be released on bail; provided he 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 petitioner 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.