Allowed

Smt.Shaarda Devi D/O Late Preetam Singh v. State of Rajasthan

Rajasthan HC14 Dec 2019CRLMB/17271/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted anticipatory bail to the petitioners under Section 438 Cr.P.C., directing their release on bail with a personal bond and sureties if arrested in the FIR, subject to specific conditions regarding interrogation, inducement, and travel.

What did the court decide?

Anticipatory bail granted; directed release on bail with personal bond of Rs. 50,000 and sureties on specified conditions.

Smt.Shaarda Devi D/O Late Preetam Singh Vs State of… — Anticipatory Bail | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 17271/2019

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Smt. Shaarda Devi D/o Late Preetam Singh, Aged About 52 Years, By Caste- Maali, R/o Damdama Road Near Gas Godown, Bayana, Thana- Bayana, Currently Residing At Bharatpur, District Bharatpur (Raj.)

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Sumaran Singh S/o Late Preetam Singh, Aged About 55 Years, R/o Damdama Road Near Gas Godown, Bayana, Thana- Bayana, Currently Residing At Bharatpur, District Bharatpur (Raj.)

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----Accused-Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor, Bayana, District Bharatpur (Raj.)

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----Respondent For Petitioner(s) : Mr. Rajeev Bhushan Bansal For Respondent(s) : Mr. Bhawani Shankar Sharma, PP

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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14/12/2019

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This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.58/2010 registered at P.S. Bayana Distt. Bharatpur for the offences mentioned therein against the applicants, whereupon the investigation was commenced. Apprehending their arrest, the petitioners moved the bail application before the court below, which was dismissed. Hence, this bail application has been filed.

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Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material made available on record.

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(2 of 3) [CRLMB-17271/2019]

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Learned counsel for the applicants submits that applicants have been falsely implicated in this case. Co-accused Sohan Lal, Jagdeesh Prasad and Banbari Lal have been granted bail under Section 439 Cr.P.C. by this Court vide order dated 14.11.2019. Applicants have no criminal intention and knowledge about the sale deed. Custodial interrogation of the applicants is not required.

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On the other hand, learned Public Prosecutor has opposed the bail application.

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Taking into consideration the submissions advanced by the learned counsel for applicants, note of the allegations levelled against the applicants as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to grant anticipatory bail to the applicants.

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Therefore, this bail application filed under Section 438 Cr.P.C is allowed and it is directed that in the event of arrest of petitioners Smt. Shaarda Devi D/o late Preetam Singh and Sumaran Singh S/o late Preetam Singh in the aforesaid FIR, they shall be released on bail by the concerned SHO/Investigating Officer, provided each of them furnish a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the SHO/IO of the concerned Police Station on the following conditions:

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

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ii) That the petitioner/s shall not directly or

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(3 of 3)

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[CRLMB-17271/2019]

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indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him/her/them 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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(GOVERDHAN BARDHAR),J

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Dheeraj /43

Smt.Shaarda Devi D/O Late Preetam Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt.Shaarda Devi D/O Late Preetam Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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