AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
19 paragraphs · 357 wordsThis Criminal Misc. Bail Application has been brought under Section 438 of Cr.P.C. seeking anticipatory bail in connection with F.I.R. No. 05/2019
registered with Police Station Pahari, District Bharatpur, for the offences punishable under Sections 143, 323,341, 354, 452, 379 of I.P.C.
It has been submitted on behalf of the petitioners that they have been falsely implicated in this case. It is a matter of cross cases. There is delay in
FIR. Incident is alleged to have occurred on 19.12.2018 whereas FIR has been lodged on 01.01.2019. Parties are related to each other. Petitioners
have already joined the investigation.
Learned Public Prosecutor has opposed the bail application.
Perused the case diary and factual report. As per the factual report, offences under Sections 323, 341, 336, 452 of IPC have been made out against
petitioners.
On consideration of the arguments/submissions of both the parties, perusal of material on record and looking to the overall facts and circumstances
of the case and nature of offence, but without commenting upon detailed merits of the case, this court deems just and proper to grant anticipatory bail
to the accused petitioners.
Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioners Tarif S/o Swarup Khan, Swarup Khan S/o
Usman, Alim S/o Hakku in connection with FIR No 05/2019 registered with Police Station Pahari, District Bharatpur, they shall be enlarged on bail
provided each of the petitioners furnishes a personal bond in the sum of Rs. 50,000/- (fifty thousand) together with two sureties in the sum of Rs.
25,000/- (twenty-five thousand) each to the satisfaction of the concerned SHO on the following conditions :-
(i) that the petitioners shall make themselves available for interrogation by a police officer as and when required;
(ii) that the petitioners 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 to any police officer.
(iii) that the petitioners shall not leave India without the previous permission of the Court.
