Rekha 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.25/2019 of Police Station Salamgarh, District Pratapgarh for the offences punishable under Sections 41 and 42 of Forest Act and Section 379 IPC. They have preferred these anticipatory bail applications under Section 438 Cr.P.C.

Learned counsel for the petitioners, on behalf of petitioner-Rekha, has submitted that she is the Sarpanch of Gram Panchayat Ninor, Panchayat Samiti Arnod and the allegation against her is to the effect that she instructed a contractor viz. Babulal to cut Babul trees which were standing on the land of PWD. It is submitted that as a matter of fact though the petitioner is the Sarpanch of Gram Panchayat Ninor, Panchayat Samiti Arnod but the field work is mostly look after by her father on her behalf. It is also submitted that the allegation, in the complaint of this effect that Babul trees standing on the land of PWD were removed, is also disputed because the land, on which the Babul trees were standing, belongs to the Gram Panchayat Ninor, Panchayat Samiti Arnod only. It is also submitted that no recovery is to be affected from the petitioner.

Learned counsel for the petitioners, on behalf of petitioner-Babulal, has submitted that the allegation against him is to the effect that he removed Babul trees standing on the land belongs to the PWD. It is submitted that the petitioner is a contractor and he was cutting the Babul trees on the instruction of Gram Panchayat concerned. It is also submitted that no recovery is to be affected from the petitioner.

Learned Public Prosecutor has opposed the bail applications. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioners under Section 438 Cr.P.C.

Accordingly, these bail applications under Section 438 Cr.P.C. are allowed and it is directed that in the event of arrest of the petitioners - Rekha D/o Karulal Meena and Babulal S/o Kishan Dangi in FIR No.25/2019 of Police Station Salamgarh, District Pratapgarh they shall be enlarged on bail provided each of them 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) They shall make themselves available for interrogation by Investigating Officer as and when required;

(ii) 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 her/him from disclosing such facts to the Court or to any Police Officer;

(iii) They shall not leave India without the previous permission of the Court.