Satyanarayan And Others vs State Of Rajasthan

Farjand Ali, J

The jurisdiction of this court has been invoked by way of filing an application under Section 438 CrPC at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:

S.No.

Particulars of the Case

1

FIR Number

561/2022

2

Concerned Police Station

Bhadra

3

District

Hanumangarh

4

Offences alleged in the FIR

365, 382, 384, 323, 342, 143 of IPC

5

Offences added, if any

---

6

Date of passing of impugned order

11.09.2023

Having apprehension of being arrested in the afore-mentioned matter, the petitioners have prayed for anticipatory bail on the ground that no case for the alleged offences is made out against them and their incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of anticipatory bail to the accused-petitioners and they have been made an accused based on conjectures and surmises.

Contrary to the submissions of learned counsel for the petitioners, learned Public Prosecutor as well as learned counsel for the complainant oppose the bail application and submit that the present case is not fit for grant of anticipatory bail.

Have considered the submissions made by both the parties and have perused the material available on record. The petitioners are distinct relatives of the complainant Sandeep and no specific allegations have been made against them. The present is not a case where custodial interrogation is required. The present case is exclusively triable by the Court of Magistrate and there are no compelling circumstances for which the petitioner first directed to admit to jail and then to get bail. Thus, taking into account the totality of the facts and circumstances of the case and the age of the petitioners, it is deemed suitable to grant the benefit of anticipatory bail to the petitioners in the present matter. Needless to say, none of the observations made herein under shall affect the rights of either of the parties during trial and this Court refrains from commenting on the niceties of the matter.

Accordingly, the instant bail application under Section 438 Cr.P.C. is allowed. The S.H.O/I.O/Arresting Officer, Police Station Bhadra, District Hanumangarh in F.I.R. No. 561/2022 is directed that in the event of arrest of the petitioners they shall be released on bail, provided each of them furnish 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 petitioners shall make themselves available for interrogation by a police officer as and when required;

(ii) that the petitioners 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 any police officer, and

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