Sunil Kumar vs State Of Rajasthan

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.622/2023 registered at Police Station Anupgarh, District Sriganganagar for the offences punishable under Sections 307, 341, 323 and 427 of the IPC.

Learned counsel for the petitioner submits that name of the present petitioner has not been mentioned in the FIR. The main accused Baldev Singh has already been enlarged on regular bail by this Court. Counsel further submits that a compromise has been arrived at between the parties. 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 - Sunil Kumar S/o Shri Bhanwar Lal in connection with FIR No.622/2023 registered at Police Station Anupgarh, District Sriganganagar 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.