Vishnudutt Ojha And Others vs State Of Rajasthan

Manoj Kumar Garg, J

This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with FIR No.367/2023, Police Station Kotwali, District Nagaur for the offences punishable under Sections 452, 323 and 341 of IPC.

Learned counsel for the petitioners submits that according to the injury report of the injured, all the injuries caused to the injured are simple in nature and no specific allegation has been levelled against any of the accused. The petitioners have already joined the investigation. In such circumstances, no useful purpose would be served by sending the petitioners behind the bars for indefinite time. Therefore, the petitioners may be released on anticipatory bail.

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for anticipatory bail.

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 petitioners under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioners – (1) Vishnudutt Ojha S/o Late Bankat Lal (2) Kaushalya W/o Vishnudutt Ojha (3) Gopal Ojha S/o Vishnudutt Ojha and (4) Giriraj Ojha S/o Vishnudutt Ojha, in connection with FIR No.367/2023, Police Station Kotwali, District Nagaur they shall be released on bail; provided each of them furnish a personal bond in the sum of Rs.1,00,000/- each along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. 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 any police officer; and

(iii). that the petitioners shall not leave India without previous permission of the court.