Narayan and Others vs The State of Rajasthan

S.K. Sharma, J.—It is contended that initially Final Report was given in the matter but on a protest petition of the informant cognizance under Sections 147, 447, 420, 406, 120B IPC along with Section 3 of SC/ST (Prevention of Atrocities) Act was taken. I scanned the material on record. In view of the allegations made in the FIR and the fact that final report was given by the police, I am of the view that petitioners are entitled to be released u/s 438 Cr. P.C.

Considering the facts and circumstances of the case and without expressing on the merits and demerits of the case, I am inclined to release the accused-applicant(s) on anticipatory bail.

The Investigating Officer /Arresting Officer/SHO, Police Station Khandela in F.I.R. 141/1999 is, therefore, directed that in the event of arrest of petitioner(s) (1) Narayan S/o Shri Hanuman (2) Jhabar & (3) Hari S/o Shri Pokhar, they be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 10,000/- (Rupees Ten thousand) with one surety/in the sum of Rs. 10,000/- to his satisfaction on the following conditions:

that the petitioner(s) shall make himself themselves 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 him from disclosing such facts to the court or to any other police officer.

that the petitioner(s) shall not leave India without previous permission of the Court.