The High Court of Rajasthan allowed anticipatory bail application under Section 438 CrPC for petitioner Ravindra Kumar accused of electricity theft. He to furnish a personal bond with sureties subject to conditions.
Anticipatory bail granted; person bond of Rs.50,000/- with two sureties of Rs.25,000/- each required.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4460/2021
Ravindra Kumar S/o Prema Ram @ Prem Raj, Aged About 30 Years, R/o Nagdda, Tehsil Shiv, Dist. Barmer.
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Kishan Lal |
Vishnoi |
|---|---|---|
| For Respondent(s) | : Mr. Mohd. Prosecutor |
Javed Gouri, Public |
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
08/11/2021
Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the case diary.
The petitioner has filed this anticipatory bail application under Section 438 CrPC in connection with FIR No.198/2020 registered at Police Station Electricity Theft Bureau Barmer for offence under Section 135 of the Electricity Act.
Learned counsel for the petitioner submits that the FIR under Section 135 of the Electricity Act has wrongly been lodged against the petitioner and in light of this FIR, the respondents are creating pressure to deposit the penalty for which he is not liable. Learned counsel for the petitioner further submits that in the present nature of dispute, no custodial investigation is required as the petitioner is ready to cooperate in the investigation. Learned counsel for the petitioner also submits that there are no such previous cases are pending against the petitioner.
(2 of 2)
[CRLMB-4460/2021]
Mr. Mohd. Javed Gouri, learned Public Prosecutor has opposed the bail application.
In this view of the matter and having regard to the facts and circumstance of the case, this Court is of the view that the petitioner deserves grant of anticipatory bail.
Accordingly, this bail application under Section 438 CrPC is allowed and it is ordered that in the event of arrest of petitioner Ravindra Kumar S/o Prema Ram @ Prem Raj in connection with FIR No.198/2020 registered at Police Station Electricity Theft Bureau Barmer, he shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with sound & solvent two sureties of Rs.25,000/- each, to the satisfaction of concerned Investigation Officer, subject to the following conditions:
However, it is made clear that in case, the petitioner is again booked for the similar nature of offence, the relief of anticipatory bail granted in the present case shall be treated as withdrawn and bail bond, if any filed shall stand cancelled.
(SUDESH BANSAL),J
77-AnilKC/-
1 issue framed by the court
Whether the petitioner deserves grant of anticipatory bail in an offence under Section 135 of the Electricity Act.
2 provisions across 2 enactments
Ravindra Kumar S/o Prema Ram @ Prem Raj
State of Rajasthan
Sudehs Bansal
As recorded by the court registry
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