Shweta Senwai And Others vs State Of Rajasthan

Manoj Kumar Garg, J

This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with FIR No. 271/2021, Police Station Hiranmagri, District Udaipur for the offences under Sections 420 and 406 of IPC.

Heard the learned counsel for the parties and perused the material available on record.

After hearing learned counsel for the petitioner, I am not inclined to grant anticipatory bail to the petitioner no.2 Vinayak Shetti, hence this bail application qua petitioner no.2 is rejected.

However, the petitioner no.2 is permitted to surrender before the concerned trial court on or before 15.11.2022 and file an application for bail and it is expected from the concerned trial court that the bail application will be decided on the same day.

Till 15.11.2022, the petitioner no.2 shall not be arrested in connection with FIR No. 271/2021, Police Station Hiranmagri, District Udaipur.

So far as petitioner no.1 Shweta Senwai is concerned, learned counsel for the petitioner submits that the petitioner no.1 is a lady and no specific averment has been made against her. Therefore, no useful purpose would be served by sending the petitioner no.1 behind the bars for indefinite time. Therefore, the petitioner no.1 may be released on anticipatory bail.

Learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail.

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 no.1 under Section 438 Cr.P.C.

Accordingly, the bail application qua petitioner no.1 is allowed and it is directed that in the event of arrest of petitioner no.1 Shweta Senwai W/o Suyog Senwai in connection with FIR No. 271/2021, Police Station Hiranmagri, District Udaipur, she shall be released on bail; provided she 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 no.1 shall make herself available for interrogation by a police officer as and when required; (ii). that the petitioner no.1 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 no.1 shall not leave India without previous permission of the court.