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Krishan Kumar & Anr vs State on 11 June, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail Application No. 4172 / 2018

1. Krishan Kumar S/o Sh. Vajaram, aged about 35 years, by
Caste Joshi, R/o Ajodar.

2. Sanjay Kumar S/o Sh. Dalpat, aged about 34 years, by Caste
Joshi, R/o Kanwada, Tehsil Raniwada, District Jalore (Raj.)

—-Petitioners
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. Kirti Kumar Joshi, brother of the
petitioner
For Respondent(s) : Mr. Arjun Singh Rathore, Public Prosecutor
__
JUSTICE VINIT KUMAR MATHUR, VACATION JUDGE
Order
11/06/2018

This application for anticipatory bail has been filed by the

petitioners apprehending their arrest in connection with F.I.R.

No.50/2018, Police Station Raniwada, District Jalore for the

offences under Sections 323, 452, 365, 498A/34 IPC.

Since the lawyers are abstaining from work, heard Mr. Kirti

Kumar Joshi, brother of the petitioner and the learned Public

Prosecutor. Perused the material available on record.

It is submitted on behalf of the petitioner that the present

petitioners are not connected with the crime and the offence

alleged. The complainant has preferred a complaint before the

Police Station Raniwada being No.50/2018 in which the husband of

Priyanka namely Kirti Kumar was arrested who is co-accused and
(2 of 2)
[CRLMB-4172/2018]

has already been granted bail and no overt act is said to have

been committed by the present petitioners, therefore, they may

be enlarged on bail under Section 438 Cr.P.C.

Learned Public Prosecutor vehemently opposed the bail

application.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced, 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 application is allowed and it is directed

that in the event of arrest of petitioners (1) Krishan Kumar S/o

Sh. Vajaram and (2) Sanjay Kumar S/o Sh. Dalpat, in connection

with F.I.R. No.50/2018, Police Station Raniwada, District Jalore,

the petitioners shall be released on bail; provided each of them

furnishes a personal bond in the sum of Rs.50,000/- along with

two sureties of Rs.25,000/- each to the satisfaction of the

concerned Investigating Officer/S.H.O. on the following

conditions :-

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

(ii) that the petitioners 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

(iii) that the petitioners shall not leave India without previous

permission of the court.

(VINIT KUMAR MATHUR), V.J.

Ramesh/106

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