Single judge allowed anticipatory bail application. Court held release just and expedient without expressing opinion on merits, subject to investigation joinder and no evidence tampering.
Petition allowed. Petitioner admitted to bail upon arrest, requires joinder in investigation, not to tamper with evidence or leave country without permission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER
S.B. CRIMINAL MISC. BAIL APPLICATION NO.12749/2016
Chandkaur W/o Phool Singh, by caste Raisikkh, R/o Berla, Police Station Tijara, District Alwar (Rajasthan. V/s.
State of Rajasthan through P.P.
Date of Order: 07-10-2016
HONBLE MRS. JUSTICE SABINA, J.
Mr. Rahul Tiwari, for the petitioner. Mr. V.S. Godara, P.P. for the State.
Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No. 217/2013 registered at Police Station, Tijara, Distt. Alwar for offences under Sections 147, 148, 149, 323, 341, 307 & 379 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that it is a case of version and cross-version. Petitioner had also suffered injuries in the occurrence. Petitioner is attributed injury with a stick on the person of Hassan Mohammad. Injury falling under Section 307 Indian Penal Code, 1860 was attributed to co-accused Jeet Singh, who has been granted regular bail by this Court. Petitioner side had suffered fire armed injuries. FIR in the present case was registered in the year, 2013. Earlier, no effort was made to arrest the petitioner. However, now petitioner was
apprehending her arrest. Challan has been presented against the other co-accused. Petitioner is ready to join investigation.
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.
Accordingly without expressing any opinion on merits of the case, this petition is allowed. In the event of arrest, petitioner be admitted to bail subject to the satisfaction of the Arresting Officer. Petitioner shall join investigation as and when required by police and shall not tamper with the prosecution evidence and shall not leave the country without prior permission of the court.
(SABINA),J.
Sudha/05
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of version-cross-version facts and injuries sustained.
1 provisions across 1 enactments
Chandkaur W/o Phool Singh
State of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
