This order grants anticipatory bail to four petitioners in an FIR alleging offences under IPC Sections 147, 148, 149, 341, 323 & 307. The court ordered their release on furnishing a personal bond and two sureties.
All petitioners enlarged on anticipatory bail upon furnishing personal and surety bonds as per conditions laid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
----Petitioners
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Shailesh Kumar Panwar For Respondent(s) : Mr. Laxman Meena, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order
09/12/2022
This anticipatory bail application has been filed under Section 438 of Cr.P.C. in connection with FIR No.53/2022 registered at Police Station Mishroli, District Jhalawar for the offences under Sections 147, 148, 149, 341, 323 & 307 of IPC.
Learned counsel for the petitioners submits that the complainant has lodged the FIR with an ulterior motive to implicate the petitioners in a false case and there is a cross FIR in this matter. The petitioners have no criminal antecedents. Counsel further submits that the bail application of co-accused Gopal Singh & Others under Section 439 of Cr.P.C. has already been granted by the coordinate Bench of this Court vide order dated 14.06.2022.
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[CRLMB-11246/2022]
Hence, the anticipatory bail application of the petitioners may kindly be granted.
On the other hand, learned Public Prosecutor has opposed the bail application.
Heard. Perused the material available on record.
In the present case, there are three injured persons namely, Devi Singh, Alkar Singh and Narsingh. Looking to their Police Statements and taking into consideration the submissions made by the learned counsel for the petitioners and overall facts & circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioners on anticipatory bail.
Accordingly, this anticipatory bail application is allowed and it is ordered that in case of arrest of the petitioners Dashrath Singh S/o Gopal Singh, Shivraj Singh S/o Prithvi Singh, Dhirap Singh S/o Man Singh and Lakhan Singh S/o Sheodan Singh in the aforesaid FIR by the Investigating Officer, they shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs 25,000/- each (out of which one surety shall be the resident of Jhalawar District for the petitioners- Dhirap Singh and Lakhan Singh) to the satisfaction of concerned SHO/IO on the following conditions:
i) That the petitioners will make themselves available for the investigation as and when required by the Investigating Officer.
ii) That the petitioners will not leave India without permission of the Court.
iii) That the petitioners will not tamper with the
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[CRLMB-11246/2022]
evidence or threaten or pressurize the witnesses in the case.
(CHANDRA KUMAR SONGARA),J
Satyendra/24
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in an FIR registered for offences under Sections 147, 148, 149, 341, 323 & 307 of IPC.
Whether bail should be granted pending investigation despite opposing submissions by the Public Prosecutor.
1 provisions across 1 enactments
Dashrath Singh S/o Gopal Singh, Shivraj Singh S/o Prithvi Singh, Dhirap Singh S/o Man Singh, Lakhan Singh S/o Sheodan Singh
State Of Rajasthan
CHANDRA KUMAR SONGARA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
