Allowed

Dwarka Prasad Goswami S/O Shri Gopi Lal Goswami v. State of Rajasthan

Rajasthan HC16 Aug 2019CRLMB/7038/2019

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioner under Section 438 Cr.P.C. regarding an FIR under the Essential Commodities Act. The court directed the police to release the petitioner on bail upon arrest if he furnishes a bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

What did the court decide?

Anticipatory bail granted; directive to police to release petitioner on bail upon arrest against Rs. 50,000 bond and two sureties of Rs. 25,000 each.

Dwarka Prasad Goswami S/O Shri Gopi Lal Goswami Vs State… — 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. 7038/2019

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Dwarka Prasad Goswami S/o Shri Gopi Lal Goswami, Aged About 51 Years, R/o Pachala, P.s. Aligarh, Distt. Tonk Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Prem Shankar Sharma For Respondent(s) : Mr. Arvind Bhadu, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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16/08/2019

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Petitioner has filed this bail anticipatory application under Section 438 Cr.P.C.

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F.I.R. No. 37/2019 was registered at Police Station Aligarh, District Tonk for offence under Section 3/7 of Essential Commodities Act.

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It is contended by counsel for the petitioner that the petitioner has appeared before the Investigating Officer. Retail of the shop was being carried out and therefore the Society took a decision to shift the material to different places. It is also contended that since the petitioner has appeared before the Investigating Officer, no purpose would be served to remain the petitioner in custody, who is the employee of the society.

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Learned Public Prosecutor has opposed the anticipatory bail application.

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(2 of 2)

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[CRLMB-7038/2019]

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I have considered the contentions.

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Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the anticipatory bail application.

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This anticipatory bail application is allowed. The S.H.O./I.O./Arresting Officer, Police Station Aligarh, District Tonk in FIR No. 37/2019 is directed that in the event of arrest of the petitioner he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to his satisfaction on the following contiditions:-

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(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(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

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

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(PANKAJ BHANDARI),J

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Sunita Kanwar /30

Dwarka Prasad Goswami S/O Shri Gopi Lal Goswami v. State of Rajasthan

Case brief

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Dwarka Prasad Goswami S/O Shri Gopi Lal Goswami v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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