High CourtsSingle Bench

Shiva Gurjar vs State Of Rajasthan

Rajasthan High Court · Decided on 1 December 2020 · Citation: (2020) 12 RAJ CK 0012

HON’BLE JUDGES
Narendra Singh Dhaddha, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 439 · Indian Penal Code, 1860 — Section 147, 148, 149, 307, 323, 341
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 2026 Of 2020
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Judgment

16 paragraphs · 296 words
1.

The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.526/2019 registered at Police Station Mahaveer

Nagar, Kota City for the offence(s) under Sections 341, 323, 147, 148, 149 and 307 of IPC.

2.

Learned counsel for the petitioner submits that name of the petitioner is not mentioned in the FIR. Allegation levelled against the petitioner was

made in Titamba Bayan. Co-accused who has inflicted injury, has already been enlarged on bail under Section 439 Cr.P.C. Nothing is to be recovered

from the petitioner.

3.

Learned Public Prosecutor has opposed the bail application.

4.

Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without

expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application.

5.

Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Mahaveer Nagar, Kota City in F.I.R.

No.526/2019 is directed that in the event of arrest of the petitioner Shiva Gurjar S/o Gordhan, he shall be released on bail, provided he 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 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.