High CourtsSingle Bench

Sundarlal vs State Of Rajasthan

Rajasthan High Court · Decided on 16 November 2022 · Citation: (2022) 11 RAJ CK 0068

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 143, 379, 427, 447
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 12979 Of 2022
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Judgment

9 paragraphs · 311 words

Manoj Kumar Garg, J

This anticipatory bail application under Section 438 Cr.P.C. has been filed by the petitioner apprehending his arrest in connection with FIR No.258/2022, Police Station Pilibanga, District Hanumangarh for the offences under Sections 447, 427, 379 and 143 of the IPC.

Learned counsel for the petitioner submits that petitioner has already joined the investigation and no recovery has to be made from his possession. In such circumstances, no useful purpose would be served by sending the petitioner behind the bars for indefinite time. Therefore, the petitioner may be released on anticipatory bail.

Learned Public Prosecutor has opposed the bail application. Heard the 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 ordered that in the event of arrest of accused- petitioner - Sundarlal S/o Sh. Hanuman, in connection with FIR No.258/2022, Police Station Pilibanga, District Hanumangarh the petitioner shall be enlarged on bail; provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum 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.