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Raichand Ram S/o Bagta Ram vs The State of Rajasthan

Rajasthan High Court · Decided on 6 February 2017 · Citation: (2017) 02 RAJ CK 0033

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=1767-147>Section 147</a>, <a href=1767-379>Section
CASE NUMBER
1145 of 2017
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Judgment

32 paragraphs · 344 words
1.

This application for anticipatory bail under sec.438 CrPC has

been filed in connection with FIR No.119/2016, Police Station-

Chohtan, District Barmer, for offences punishable under sections

147, 148, 149, 323, 342, 365, 379, 384, 427, 452 IPC.

2.

Learned counsel for the petitioners submits that the

complainant Deraj Ram has lodged FIR stating that the villagers

had taken a decision of imposing cost of Rs.15 Lacs on said

complainant, defaced him and made him roam around the village

after levelling allegations against him. Learned counsel for the

petitioners submits that at best the case can travel upto sec.385

IPC and no further. All the petitioners are villagers of village

Virdon Ka Tala, Bisarniya. Learned Public Prosecutor opposed the

bail application.

3.

Heard learned counsel for the accused-applicants 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-

applicants under Section 438 Cr.P.C.

Accordingly, this bail application is allowed and it is directed

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

FIR No.119/2016, Police Station, Chohtan, District Barmer the

accused-applicants - 1) Raichand Ram s/o Bagta Ram, 2)

HanumanRam s/o Poonma Ram, 3) Jasa Ram s/o Bhiya Ram, 4)

Poonma Ram s/o Gumana Ram and 5) Thakara Ram s/o Bhoma

Ram aforesaid shall be released on bail provided each of them

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) They shall make themselves available for interrogation by Investigating Officer as and when required; (2) They 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) They shall not leave India without the previous permission of the trial court.