Shyamsunder And Aur vs State

The present application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with F.I.R. No.481/2019, Police Station Phalodi, District Jodhpur for the offences under Sections 147, 148, 149, 323, 307, 395, 458, 436, 109 and 427 of IPC and Section 3/25 of Arms Act.

Heard. Perused the material available on record. Learned Public Prosecutor has vehemently opposed the bail application.

Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend the benefit under Section 438 Cr.P.C. to the petitioners. Accordingly, the application preferred by the petitioners under Section 438 Cr.P.C. is hereby rejected.

However, it is submitted on behalf of the petitioners that petitioners are ready to surrender before the concerned court, which may consider their bail application on the same day.

Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the petitioners (1) Shyamsunder S/o Swarooparam & (2) Mangilal S/o Birdaram surrender before the trial Court on or before 23/11/2020 and file a bail application there, the Court concerned shall consider their bail application preferably on the same day in accordance with law.