Mohd Sarhaan vs State Of Rajasthan

Farjand Ali, J

Learned counsel for the petitioner submits that he has done all the needful for the purpose of removal of defect.

The jurisdiction of this court has been invoked by way of filing an application under Section 438 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No.

Particulars of the Case

1.

FIR Number

317/2023

2.

Concerned Police Station

Ratanada

3.

District

Jodhpur

4.

Offences alleged in the FIR

Sections 307, 506 of the IPC read with Section 4/25 of the Arms Act

5.

Offences added, if any

-

6.

Date order

of

passing

of

impugned

12.01.2024

Having apprehension of being arrested in the afore-mentioned matter, the petitioner has prayed for anticipatory bail on the ground that no case for the alleged offences is made out against him and him incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of anticipatory bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. No recovery is to be made from him.

Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submit that the present case is not fit for grant of anticipatory bail.

I have considered the submissions made by both the parties and perused the material available on record. The main accused has been released on bail. There is no allegation against the petitioner of inflicting any injury to any person or that the petitioner was the person, who made the assault. There is no allegation that he was having arm in his hand. In this view of the matter, directing the petitioner to first admit to jail and then to get bail would not be justifiable. Thus, I deem it appropriate to grant the benefit of anticipatory bail to the petitioner in the present matter.

Accordingly, the instant bail application under Section 438 Cr.P.C. is allowed. The S.H.O/I.O/Arresting Officer of the concerned Police Station in the FIR, details of which are mentioned above in tabular form, is directed that in the event of arrest of the petitioner, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

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