The Single Bench of the Rajasthan High Court granted anticipatory bail to the applicant under Section 438 Cr.P.C. due to lack of evidence showing active involvement, directing release on personal bond with sureties upon arrest.
Anticipatory bail allowed; directed to release on bail if arrested, with personal bond of Rs.50,000/- and two sureties.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. CRIMINAL MISC. BAIL APPLICATION NO.12781/2016.
Sahab Ram son of Shri Shyodan Ram, by caste Jat, Resident of Gidaniya, Police Station Chirawa, District Jhunjhunu (Raj.) Versus The State of Rajasthan through P.P.
Date of Order :: 25/10/2016
HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL
Mr. Sanjay Verma, for the petitioner. Mr. Anil Yadav, Public Prosecutor for the State.
On consideration of submissions made on behalf of the respective parties and the material made available for my perusal as well as the evidence collected during investigation which has been produced before me by way of case diary and more particularly in view of the fact that no documentary evidence is available on record showing active involvement of the petitioner in the incident, but without expressing any final opinion on the merit and demerit of the case, I am inclined to grant benefit of anticipatory bail to the petitioners under Section 438 Cr.P.C.
Consequently, the application for anticipatory bail is allowed. The S.H.O./I.O./Arresting Authority, Police Station Chirawa,
District Jhunjhunu in F.I.R. No. 294/2016, is directed that in the event of arrest of the petitioner Sahab Ram S/o Shri Shyodan Ram, he shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to his satisfaction 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.
(PRASHANT KUMAR AGARWAL ),J.
teekam/S.No.143
1 issue framed by the court
Whether the petitioner is eligible for the grant of anticipatory bail under Section 438 Cr.P.C.
1 provisions across 1 enactments
Sahab Ram
The State of Rajasthan
Prashant Kumar Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
