Single judgeHC granted anticipatory bail to the applicant under Section 438 CrPC, directing release on furnishing bail bond with sureties if arrested, subject to four standard conditions.
Granted anticipatory bail; petitioner to be released upon furnishing personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1874/2020
Morpal S/o Chhitar Lal B/c Gurjar, Aged About 35 Years, R/o Abbasnagar Khas @ Bajpura Ps Peeplu Dist. Tonk Raj.
----Accused-Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sandeep Jain For Respondent(s) : Mr. Pankaj Agarwal, PP
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
11/02/2020
This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.351/2019 registered at P.S. Peeplu Distt. Tonk for the offences mentioned therein against the applicant, whereupon the investigation was commenced. Apprehending his arrest, the petitioner moved the bail application before the court below, which was dismissed. Hence, this bail application has been filed.
Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material made available on record.
Learned counsel for the petitioner submits that coaccused Rajaram and ors. have been enlarged on bail under Section 438 Cr.P.C. by this Court vide orders dated 5.2.2020 and 10.12.2019. Case of the present petitioner is similar to that coaccused who have been enlarged on bail.
(2 of 2)
[CRLMB-1874/2020]
On the other hand, learned Public Prosecutor has opposed the bail application.
Taking into consideration the submissions advanced by the learned counsel for applicant, note of the allegations levelled against the applicant 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 applicant.
Therefore, this bail application filed under Section 438 Cr.P.C is allowed and it is directed that in the event of arrest of petitioner Morpal S/o Chhitar Lal in the aforesaid FIR, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes 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:
i) That the petitioner/s shall make himself/herself/themselves available for interrogation before the police officer, as and when required;
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/her/them from disclosing such facts to the court or to any police officer;
iii) That the petitioner/s shall not leave India without prior permission of the court;
iv) That the petitioner/s shall not commit any offence similar to the offence of which he/she/they is/are accused or suspected.
(GOVERDHAN BARDHAR),J
Dheeraj /35
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant apprehending arrest under FIR No. 351/2019.
1 provisions across 1 enactments
Morphal S/o Chhitar Lal
State Of Rajasthan
Goverdhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
