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Parasmal S/o Kesarimal vs State of Rajasthan

Rajasthan High Court · Decided on 6 February 2017 · Citation: (2017) 02 RAJ CK 0034

HON’BLE JUDGES
Sanjeev Prakash Sharma
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-438>Section 438</a> - Direction for grant of bail to person apprehending arrest · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-120B>Section 120B</a>, <a href=1767-420>Secti
RESULT
Allowed
CASE NUMBER
1175 of 2017
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Judgment

27 paragraphs · 294 words
1.

This application for anticipatory bail under sec.438 CrPC has

been filed in connection with FIR No.32/2016, Police Station-

Bijrad, District Barmer, for offences punishable under sections

409, 467, 468, 471, 420, 120B IPC.

2.

Learned counsel for the petitioner submits that the accused-

petitioner was running a fair-price shop under license to his

brother Babu Lal. Allegation levelled is that instead of Babu Lal

petitioner was handling the shop. It is submitted that prima facie

case under sections 409, 467, 468, 471, 420, 120B IPC is not

made out. Learned Public Prosecutor opposed the bail application.

3.

Heard learned counsel for the accused-applicant as well as

learned Public Prosecutor.

4.

Having considered the facts and circumstances of the matter,

without commenting on the merits of this case, I deem it just and

proper to grant the benefit of anticipatory bail to the accused-

applicant under Section 438 Cr.P.C.

5.

Accordingly, this bail application is allowed and it is directed

that in the event of arrest of accused-applicant in connection with

FIR No.32/2016, Police Station, Bijrad, District Barmer the

accused-applicant - Paras Mal s/o Kesari Mal aforesaid shall be

released on bail provided he furnishes a personal bond in the sum

of Rs.50,000/- along with two sureties in the sum of Rs.25000/-

each, to the satisfaction of the concerned Investigating

Officer/S.H.O. on the following conditions:

(1) He shall make himself available for interrogation by Investigating Officer as and when required;

(2) He 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 Police Officer;

(3) He shall not leave India without the previous permission of the trial court.