Mohd. Yusuf And Others vs State Of Rajasthan

Manoj Kumar Garg, J

This anticipatory bail application under Section 438 Cr.P.C. has been filed by the petitioners apprehending their arrest in connection with FIR No.157/2021, Police Station Bilara, Distt. Jodhpur for the offences under Sections 420 & 406 IPC.

Learned counsel for the petitioners does not want to press the present bail application qua petitioner No.1-Mohd. Yusuf. Accordingly, the present bail application qua the petitioner No.1 is dismissed as not pressed.

So far as petitioner No.2 is concerned, learned counsel for the petitioner submits that she is lady and no custodial interrogation is required. The petitioner No.2-Shabana Banu is ready to cooperate in the investigation. She may be extended the banefit of pre-arrest bail.

Learned Public Prosecutor as well as learned counsel for the complainant oppose the prayer made by the petitioner.

I have considered the arguments advanced by counsel for both the parties and gone through the material available on record.

Looking to all the facts and circumstances of the case, without commenting on the merit of the case, I deem it just and proper to enlarge the accused-petitioner No.2-Shabana Banu on anticipatory bail.

Accordingly, the bail application qua petitioner No.2 is allowed and it is ordered that in the event of arrest of accused- petitioner Shabana Banu W/o Mohd. Yusuf in connection with FIR No.157/2021, Police Station Bilara, Distt. Jodhpur, she shall be enlarged on bail provided she furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer on the following conditions:-

That the petitioner shall make available for interrogation by a police officer as and when required.

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 her from disclosing such facts to the court of to any police officer.

That the petitioner shall not leave India without the prior permission of the Court.