Ram Dayal And Ors vs State Of Rajasthan

Learned counsel for the petitioner No.3-Ram Avtar S/o Rampal and petitioner No.4 Hanuman S/o Ram Sahay wants to withdraw the bail application with liberty to the accused petitioner No.3-Ram Avtar S/o Rampal and petitioner No.4 Hanuman S/o Ram Sahay to surrender before the trial Court.

Accordingly, the bail application of petitioner No.3-Ram Avtar S/o Rampal and petitioner No.4 Hanuman S/o Ram Sahay under Section 438 Cr.P.C. is dismissed as withdrawn with liberty as aforesaid.

However, the petitioner No.3-Ram Avtar S/o Rampal and petitioner No.4 Hanuman S/o Ram Sahay may surrender before the trial Court and file the bail application.

It is expected from the trial Court to decide the application as filed by the petitioner No.3-Ram Avtar S/o Rampal and petitioner No.4 Hanuman S/o Ram Sahay on the same day as far as possible.

The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.70/2020 registered at Police Station Banetha, District Tonk for the offence(s) under Sections 323, 341, 325, 308, 34 of IPC.

Perused the material available on record which is mentioned in the application, but without expressing any final opinion on the merit and de-merit of the case, I am inclined to grant benefit of anticipatory bail to the accused petitioner No.1-Ram Dayal S/o Rampal and petitioner No.2 Pokhar S/o Ramsahay.

Consequently, the application for anticipatory bail is allowed. The S.H.O/I.O/Arresting Officer, Police Station Banetha, District Tonk in F.I.R. No.70/2020 is directed that in the event of arrest of the petitioner No.1-Ram Dayal S/o Rampal and petitioner No.2 Pokhar S/o Ramsahay, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioner No.1 and 2 shall make themselves available for interrogation by a police officer as and when required;

(ii) that the petitioner No.1 and 2 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 them from disclosing such facts to the court or any police officer, and

(iii) that the petitioner No.1 and 2 shall not leave India without previous permission of the court.