Allowed

Bhupendra Singh @ Sonu v. State of Rajasthan

Rajasthan HC16 Nov 2023CRLMB/4832/2023

Case brief

AI extract

What is this about?

Jumping High Court granted anticipatory bail under Section 438 CrPC to the petitioner in a case involving alleged offences under IPC 457 and 436. The court held custodial interrogation was unnecessary as the incident was an accident, not intentional.

What did the court decide?

Anticipatory bail granted; petitioner to be released on bail upon personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Bhupendra Singh @ Sonu Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023:RJ-JD:39304]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4832/2023

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Bhupendra Singh @ Sonu S/o Shri Bhagwat Singh Chouhan, Aged About 24 Years, R/o Railway Chanderia Dist. Chittorgarh

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. J.V.S. Deora
For Respondent(s)	: Mr. Shrawan Bishnoi,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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16/11/2023

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The jurisdiction of this court has been invoked by way of filing an application under Section 438 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	11/2023
2.	Concerned Police Station	Rawatbhatta
3.	District	Chittorgarh
4.	Offences alleged in the FIR	457 & 436 of the IPC
5.	Offences added,if any	-
6.	Date of passing of impugned order	17.04.2023

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Having apprehension of being arrested in the adorementioned matter, the petitioner has prayed for anticipatory bail on the ground that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of

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[2023:RJ-JD:39304]

[CRLMB-4832/2023]

anticipatory bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant oppose the bail application and submit that the present case is not fit for grant of anticipatory bail.

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Have considered the submissions made by both the parties and have perused the material available on record. The present one is not a case where custodial interrogation would be required. It is not the case of the prosecution that the place of occurrence was set ablaze by the petitioner intentionally rather it was an accident.

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In light of these facts and circumstances, it is deemed suitable to grant the benefit of anticipatory bail to the petitioner in the present matter.

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Accordingly, the instant bail application under Section 438 Cr.P.C. is allowed. The S.H.O/I.O/Arresting Officer, Police Station Rawatbhatta District Chittorgrah in F.I.R. No.11/2023 is directed that in the event of arrest of the petitioner he shall be released on bail, 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 S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case

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[CRLMB-4832/2023]

(3 of 3)

so as to dissuade him from disclosing such facts to the court or any police officer, and

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(iii) that the petitioner shall not leave India without previous permission of the court.

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(FARJAND ALI),J

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140-Mamta/-

Bhupendra Singh @ Sonu v. State of Rajasthan

Case brief

What is this about?

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Bhupendra Singh @ Sonu v. State of Rajasthan

Case brief

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