High CourtsSingle Bench

Som Raj vs State Of Rajasthan

Rajasthan High Court · Decided on 26 February 2020 · Citation: (2020) 02 RAJ CK 0622

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Mines and Minerals (Development and Regulation) Act, 1957 — Section 4, 21 · Indian Penal Code, 1860 — Section 379 · Code Of Criminal Procedure, 1973 — Section 438
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 2442 Of 2020
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Judgment

16 paragraphs · 312 words

This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.12/2020, Police Station

Sarada, District Udaipur for the offence under Section 4/21 of M.M.D.R. Act and Section 379 of IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that the petitioner has deposited the compounding amount calculated by the competent authorities. He

further submits that there is no case of like nature is pending/decided against the present petitioner. Therefore, he prays that the petitioner may be

enlarged on bail.

The learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and upon a consideration of the

arguments advanced, 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 present bail application filed under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Som Raj

S/o Banshi Lal Meena, in connection with F.I.R. No.12/2020, Police Station Sarada, District Udaipur, the petitioner shall be released on bail; provided

he furnishes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/- (Rupees: Twenty Five

Thousand Only) 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.