HC addressed bail application under Section 438 Cr.P.C. filed by petitioner apprehending arrest. Court granted anticipatory bail subject to conditions including furnishing bond and police cooperation.
赋予了按期保，需个人保证金50,000卢比及两名担保。
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 17137/2021
Laxman S/o Kana Mali, Aged About 29 Years, Village Naner, Tehsil And P.S. Pipalu, Tonk, Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through P.P.
| For Petitioner(s) | : Mr. |
Mohit Balwada | ----Respondent |
|---|---|---|---|
| Ms. | Gayatri Padhi | ||
| For Respondent(s) | : Mr. |
Laxman Meena, | PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
17/12/2021
This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 250/2021 registered at P.S. Malpura, Distt. Tonk for the offences mentioned therein against the petitioner, 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, learned Public Prosecutor and perused the material made available on record.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case as he has nothing to do with the alleged incident. Petitioner was only the registered owner of the offending vehicle and before the alleged
(2 of 3) [CRLMB-17137/2021]
incident the ownership of the same was transferred from the petitioner through agreement to sale dated 23.06.2021 to Mr. Ramesh Kharol. Custodial interrogation of the petitioner is not at all required. Hence, the petitioner be enlarged on bail under Section 438 Cr.P.C.
On the other hand, learned Public Prosecutor has opposed the anticipatory bail application.
Taking into consideration the submissions advanced by the learned counsel for petitioner, note of the allegations levelled against the petitioner 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 petitioner.
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 Laxman S/o Kana Mali 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 previous permission of the court;
(3 of 3)
[CRLMB-17137/2021]
iv) That the petitioner/s shall not commit any offence similar to the offence of which he/she/they is/are accused or suspected.
(MADAN GOPAL VYAS),J
Ritu/72
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in FIR No. 250/2021.
1 provisions across 1 enactments
Laxman S/o Kana Mali
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
