Laxmi Narain & Ors vs State on 26 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 5548 / 2017

1. Laxmi Narain Son of Shri Sohan Lal Sharma

2. Om Prakash Son of Laxmi Narain Sharma

3. Raja Ram Son of Laxmi Narain Sharma,
All by Caste Sharma, Residents of Dnta Luhariya, Tehsil
Mandal, District Bhilwara.

—-Petitioners
Versus
The State of Rajasthan

—-Respondent
__
For Petitioners : Mr. TRS Sodha.

For Respondent-State : Mr. J.P. Bhardwaj, PP.
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
26/07/2017

Instant bail application on behalf of petitioners is filed under

Section 438 Cr.P.C., in connection with FIR No.118/2017, Police

Station Mandal, District Bhilwara, wherein they are charged for

offence punishable under Sections 341, 323, 452 and 354 IPC.

It is argued by learned counsel that cross cases have been

registered between rival parties and, in fact, petitioners are falsely

implicated in the matter. Learned counsel has also argued that

except offence under Section 354 IPC all other offences with which

petitioner is charged are bailable and, prima facie, offence under

Section 354 IPC is also not made out.

Learned Public Prosecutor has opposed bail application.

(2 of 2)
[CRLMB-5548/2017]

Having heard learned counsel for the parties and upon

perusing the materials available on record, without expressing any

opinion on the merits of the case, I deem it just and proper to

grant anticipatory bail to the accused petitioners.

Accordingly, this bail application under Section 438 Cr.P.C. is

allowed and it is directed that in the event of arrest of the

petitioners, (1) Laxmi Narain S/o Shri Sohan Lal Sharma, (2) Om

Prakash S/o Laxmi Narain Sharma and (3) Raja Ram S/o Laxmi

Narain Sharma, in connection with FIR No.118/2017, Police

Station Mandal, District Bhilwara, they shall be enlarged on bail

provided each one of them furnishes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-

each to the satisfaction of the concerned I.O./S.H.O. on following

conditions:-

(i) They shall make themselves available for interrogation
by Investigating Officer as and when required;

(ii) They 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 to any
Police Officer;

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

(P.K. LOHRA)J.

a.asopa/-92

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