Allowed

Bhagwati Shankar Nagar v. State of Rajasthan through Pp

Rajasthan HC14 Dec 2015CRLMB/13045/2015

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner under Section 438 CrPC in an offence under Section 409 IPC. The court directed release upon furnishing a bond with sureties and complying with standard conditions, noting the petitioner had deposited the recovered amount.

What did the court decide?

Anticipatory bail granted; release from arrest upon furnishing a bond of Rs. 2,00,000 with two sureties of Rs. 1,00,000 each.

Bhagwati Shankar Nagar Vs State of Rajasthan through Pp — Anticipatory Bail | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Cr. Misc. Bail Application No.13045/2015 (Bhagwati Shankar Nagar Versus The State of Rajasthan) Date of Order :: 14^th December, 2015

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PRESENT

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Surendra Sharma, counsel for the petitioner(s) Ms. Meenakshi Pareek, PP for the State IO is present in person

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This bail application has been filed under Section 438 CrPC.

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Brief facts of the case are that an FIR No. 168/2015 was lodged at Police Station Kapren, District Bundi for the offence under Section 409 IPC, whereupon the investigation was commenced. Apprehending his/her/their arrest, the petitioner(s) moved the bail application before the court below, which was dismissed. Hence, this bail application has been filed.

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Learned counsel for the petitioner(s) has contended that the petitioner(s) has/have been falsely implicated in this matter. He has further contended that the petitioner has deposited whole of the amount before the concerned office and nothing is to be recovered now from the petitioner. He has further contended that it is the first offence of his life and the petitioner belongs to a respectable family and he is not the habitual offender. He has further contended that no other case is pending against the petitioner. Hence, he/she/they should be released on bail.

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We had called the IO, who is present today before this Court. He has contended that the petitioner has deposited whole of the amount before the concerned office. He has further contended that interrogation from the petitioner has been over and he does not want to further interrogate from the petitioner, although learned PP appearing for the State has opposed the same.

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In view of above, without expressing any opinion on the merits and demerits of the case, I deem it just and proper to grant anticipatory bail to the petitioner (s).

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Therefore, this bail application filed under Section 438 CrPC is allowed and it is directed that in

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the event of arrest of petitioner(s) Bhagwati Shankar Nagar S/o Shri Madan Shankar in connection with aforesaid FIR, he/she/they shall be released on bail by the concerned SHO/Investigating Officer, provided he/she/they furnish(es) a personal bond in the sum of Rs. 2,00,000/(Rs. Two Lakh), with two sureties of Rs. 1,00,000/ (Rs. One Lakh) to his/her satisfaction on the following conditions:

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i) That the petitioner(s) shall make himself/themselves available for interrogation by a police officer, as and when required;

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ii) That the petitioner(s) 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;

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iii) That the petitioner(s) shall not leave India without previous permission of the court;

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iv) That the petitioner(s) shall not commit any offence similar to the offence of which he/she/they is/are accused or suspected.

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(MAHESH CHANDRA SHARMA), J.

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All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.

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Dilip Khandelwal

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Bhagwati Shankar Nagar v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Bhagwati Shankar Nagar v. State of Rajasthan through Pp

Case brief

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What did the court decide?

What the court decided

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