Shiv Prakash vs State Of Rajasthan

Manoj Kumar Garg, J

This anticipatory bail application has been filed under Section 438 Cr.P.C. by the petitioner apprehending his arrest in connection with F.I.R. No.245/2021, Police Station Bajju, District Bikaner, for the offences under Sections 308, 325, 323, 341 & 34 of Indian Penal Code.

Learned counsel for the petitioner submits that the compromise has arrived at between the parties and no useful purpose will be served to send the petitioner behind the bars for an indefinite period. Thus, the petitioner may be released on anticipatory bail.

Learned Public Prosecutor has opposed the prayer for anticipatory bail. However, learned counsel for the complainant has concurred the fact of compromise arrived at between the parties.

Heard learned counsel for the parties and perused the impugned order.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

Accordingly, the bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Shiv Prakash S/o Shaitan Ram in connection with F.I.R. No.245/2021, Police Station Bajju, District Bikaner, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/-each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

(i). that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii). that the petitioner 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 petitioner shall not leave India without previous permission of the court.