Meera Dangi vs State Of Rajasthan And Others

Dinesh Mehta, J

This application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) has been filed by the applicant apprehending her arrest in connection with FIR No.252/2023, registered at Police Station Rajnagar, District Rajsamand for the offences under Sections 420, 406 and 120-B of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’).

Learned counsel for the applicant argued that the allegation of cheating is against the husband of the applicant, namely, Lalu Ram Dangi and no role has been assigned to her. He argued that no offence is made out against the applicant.

He informed that applicant’s husband (Lalu Ram Dangi) has been granted regular bail under Section 439 of the Cr.P.C. by a co-ordinate Bench of this Court vide order dated 20.11.2023 (Lalu Ram Dangi Vs. State of Rajasthan & Anr. : S.B. Criminal Miscellaneous Bail Application No. 14708/2023) and prayed that instant application for pre-arrest bail be granted.

Learned Public Prosecutor vehemently opposed the bail application.

Having heard learned counsel for the applicant and considering the contents of the FIR, this Court is of the view that the main allegation of cheating is against Lalu Ram Dangi (applicant’s husband), who has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 20.11.2023.

This Court is of the view that the applicant’s custodial interrogation is not required and hence, it is a fit case for grant of anticipatory bail to the applicant.

Accordingly, the bail application under Section 438 of the Cr.P.C. is allowed and it is directed that in the event of arrest of applicant - Meera Dangi W/o Shri Lalu Ram Dangi in connection with FIR No.252/2023, registered at Police Station Rajnagar, District Rajsamand, the applicant shall be released on bail; provided she furnishes a personal bond in the sum of Rs.50,000/-alongwith two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/SHO on the following conditions:-

(1) that the applicant shall make herself available for interrogation before a police officer as and when required;

(2) that the applicant 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 her from disclosing such facts to the Court or to any Police Officer; and

(3) that the applicant shall not leave India without previous permission of the Court.