Allowed

Manish v. State of Rajasthan

Rajasthan HC23 Apr 2024CRLMB/5001/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by an accused facing charges including Sections 365, 384, 364(a) and 394 IPC. With co-accused already on regular bail and complainant having compromised with several accused, the court allowed the application with standard conditions.

What did the court decide?

Anticipatory bail granted; release on arrest on personal bond Rs.50,000 with two sureties Rs.25,000 each, with three standard conditions.

Manish Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2024)

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[2024:RJ-JD:17723]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 5001/2024

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Manish S/o Mukesh, Aged About 25 Years, R/o Jato Ka Bas, Gangana, Tehsil And Dist Jodhpur (Raj.)

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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. PradeepChoudhary,PP
For Respondent(s)	: Mr. S.K. Mehar,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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23/04/2024

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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

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tabulated herein below:

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1.	FIR Number	118/2023
2.	Concerned Police Station	Dechu
3.	District	Phalodi
4.	Offences alleged in the FIR	Under Sections 342, 323, 506, 365 and 384 of the IPC
5.	Offences added, if any	Under Sections 387, 364(a) and 394 of the IPC
6.	Date of passing of impugned order	04.04.2024

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Having apprehension of being arrested in the afore-mentioned matter, the petitioner has prayed for anticipatory bail on the ground that no case for the alleged offences is made out

[2024:RJ-JD:17723]

[CRLMB-5001/2024]

(2 of 3)

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 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 has opposed the bail application and submitted that the present case is not fit for grant of anticipatory bail.

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I have considered the submissions made by both the parties and have perused the material available on record.

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The other co-accused persons are released on regular bail. The complainant/victim has entered into compromise with several accused persons. The affidavits have been filed on behalf of some of the accused persons contending that no such incident took place. Considering the over all facts and circumstances of the case, 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 of the concerned Police Station is directed that in the event of arrest of the petitioner in connection with the FIR, details of which have been given in tabular form above, 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:-

(3 of 3)

[2024:RJ-JD:17723]

[CRLMB-5001/2024]

(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 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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733-Ashutosh/-

Manish v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manish v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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