This order grants anticipatory bail in connected bail applications filed against petitioners facing charges under Sections 147, 148, 149, 323, 341, 325, and 326 of the IPC. The court directs release upon furnishing a bond and observation conditions.
Petitioners released on bail subject to bond and sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 784/2022
----Petitioners Versus
State, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 783/2022 Bharvindra Singh @ Bhupendra Singh S/o Shri Kuldeep Singh, Aged About 26 Years, R/o Ward No. 9, Santpura, Tehsil Sangaria, District Hanumangarh.
| State, Through Pp | ----Petitioner Versus ----Respondent |
|---|---|
| For Petitioner(s) | : Mr. Suresh Kumbhat |
| For Respondent(s) | : Mr. A.R. Choudhary, PP Mr. N.K. Sharma for the complainant Mr. Shailesh Chand, SI Police Station Sangaria |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/09/2022
This anticipatory bail applications have been filed by the petitioners apprehending their arrest in connection with FIR No.541/2020, Police Station Sangaria, District Hanumangarh for
(2 of 3)
[CRLMB-784/2022]
the offences punishable under Sections 147, 148, 149, 323, 341, 325 and 326 of IPC.
Learned counsel for the petitioners submits that previously bail bonds were deposited by the petitioner before the Police. Now, the Police has added offence punishable under Section 326 of the IPC against the petitioner and want to arrest him. The petitioner has already joined the investigation. In such circumstances, no useful purpose would be served by sending the petitioners behind the bars for indefinite time. Therefore, the petitioners may be released on anticipatory bail.
Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer for anticipatory bail.
Heard the learned counsel for the parties and perused the impugned order.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioners under Section 438 Cr.P.C.
Accordingly, the bail applications are allowed and it is directed that in the event of arrest of petitioners – (1) Harshdeep @ Arshdeep S/o Shri Kheta Singh, (2) Pradeep Singh S/o Shri Amar Pal Singh, (Bail Application No.784/2022) and (3) Bharvindra Singh @ Bhupendra Singh S/o Shri Kuldeep Singh (Bail Application No.783/2022), in connection with FIR No.541/2020, Police Station Sangaria, District Hanumangarh they shall be released on bail; provided each of them furnish a personal bond in the sum of Rs.1,00,000/- each along with two sureties of
(3 of 3)
[CRLMB-784/2022]
Rs.50,000/- each to the satisfaction of the concerned
Investigating Officer/S.H.O. on the following conditions :-
(MANOJ KUMAR GARG),J
104-105-Rashi/-
3 issues framed by the court
Whether anticipatory bail should be granted to petitioners apprehending arrest in connection with battering and hurt offences.
What conditions must be imposed for the grant of anticipatory bail under Section 438 Cr.P.C.
Whether changes in the charges by the police warrant further scrutiny before arrest.
Harshdeep @ Arshdeep
Pradeep Singh
Bharvindra Singh @ Bhupendra Singh
State
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
