Anticipatory bail application filed by Mangal Chand in connection with an FIR alleging offences under various sections of the IPC. The High Court granted anticipatory bail, subject to furnishing of bond and specific conditions.
Anticipatory bail granted subject to personal bond of Rs. 50,000 and 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. 1908/2022
Mangal Chand S/o Todaram, aged about 60 Years, R/o Udaipura PS Dantaramgarh Distt. Sikar Raj.
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Prem Chand Dewanda For Respondent(s) : Mr. Sanjeev Kumar Mahala, Public Prosecutor Mr. Sanjay Khedar for complainant
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
02/08/2022
This anticipatory bail application has been filed under Section 438 Cr.P.C in connection with FIR No.177/2020 registered at Police Station Dantaramgarh, District Sikar for the offences under Sections 143, 323, 336, 379, 427, 435 & 504 of IPC.
Learned counsel for the petitioner submits that it is a case where both the parties have filed FIR’s against each other and no fatal injury has been caused by the petitioner to anyone. Co-accused Babulal and Ankit have already been enlarged on bail by the Additional District and Sessions Judge, Dantaramgarh, District Sikar vide its order dated 06.03.2021. Counsel further submits that no recovery is to be made at the instance of the petitioner and civil cases are pending between the parties before the competent Court of law. Jamuna Devi, who is wife of petitioner’s brother-Babulal, has also lodged a cross FIR against
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the complainant party. Counsel also submits that as per rejection bail order, the petitioner has criminal antecedents of three cases, out of which, in two cases he has been acquitted and in one case, he is on bail. Hence, the petitioner may kindly be released on anticipatory bail.
On the other hand, learned Public Prosecutor and learned counsel for the complainant have strongly opposed the bail application. Learned Public Prosecutor has submitted factual report, which is taken on record.
Heard. Perused the material available on the record.
As per factual report, no recovery is to be made from the petitioner. The coordinate Bench of this Court vide order dated 17.05.2022 has granted interim protection to the petitioner. The petitioner is 60 years of age and civil cases are pending between the parties. Therefore, looking to the facts and circumstances of the case and taking into consideration the submissions made by the learned counsel for the petitioner but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on anticipatory bail.
Accordingly, this anticipatory bail application is allowed and it is ordered that in case of arrest of the petitioner Mangal Chand S/o Todaram in the aforesaid FIR by the Investigation Officer, he shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs 25,000/- each to the satisfaction of concerned SHO/IO on the following conditions:
i) That the petitioner will make himself available for the investigation as and when required by the
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investigation officer.
ii) That the petitioner will not leave India without permission of the Court.
iii) That the petitioner will not temper with the evidence or threaten or pressurize the witnesses in the case.
(CHANDRA KUMAR SONGARA),J
Satyendra/66
1 issue framed by the court
Whether the petitioner warrants granting of anticipatory bail in the facts of the case.
1 provisions across 1 enactments
Mangal Chand S/o Todaram
State Of Rajasthan
Chandrag Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
