Priyanka And Ors vs State Of Rajasthan

Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

The petitioners apprehend their arrest in connection with FIR No.102/2016 of Police Station Jayal, District Nagaur for the offences punishable under Sections 341, 323, 427, 325 and 308/34 IPC. They have preferred this anticipatory bail application under Section 438 Cr.P.C.

Learned counsel for the petitioners, without arguing on merits, has submitted that he does not want to press this criminal misc. bail application preferred on behalf of petitioner No.2-Virendra, however, seeks liberty for petitioner No.2-Virendra to surrender before trial court and also seeks direction to the trial court that if petitioner No.2-Virendra file a regular bail application before it, the same may be decided expeditiously.

Accordingly, the criminal misc. bail application preferred by the petitioner No.2-Virendra Kumar S/o Surendra Kumar Sharma under Section 438 Cr.P.C. is dismissed as not pressed, however, he may surrender before the trial court and may move a regular bail application. If such bail application is moved on his behalf, it is expected that the trial court will decide the same expeditiously strictly in accordance with law.

So far as petitioner No.1-Priyanka D/o Surendra Kumar Sharma is concerned, learned counsel for the petitioners has submitted that after thorough investigation, the police have proved prima facie allegation against petitioner No.1-Priyanka for the offences punishable under Sections 341 and 323 IPC.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and after taking into consideration that the petitioner No.1-Priyanka is a lady, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner No.1-Priyanka under Section 438 Cr.P.C.

Accordingly, the bail application under Section 438 Cr.P.C. preferred on behalf of petitioner No.1-Priyanka D/o Surendra Kumar Sharma is allowed and it is directed that in the event of her arrest in FIR No.102/2016 of Police Station Jayal, District Nagaur she shall be enlarged on bail provided she furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

(i) She shall make herself available for interrogation by Investigating Officer as and when required;

(ii) She 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;

(iii) She shall not leave India without the previous permission of the court.