HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 8193 / 2017
1. Mukesh Son of Ram Swaroop
2. Sumitra Wife of Shri Mukesh, Both by Caste Jangid (Suthar),
Resident of Ramjanji Ka Hatha, Laxman Nagar, Nandari, Jodhpur.
—-Petitioners
Versus
State of Rajasthan
—-Respondent
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For Petitioner(s) : Mr. Kausar Praveen
For Respondent(s) : Mr. JP Bhardwaj, PP
Mr DS Udawat for Complainant
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HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
23/11/2017
This bail application has been filed under Section 438 CrPC in
connection with FIR No.230/2017 registered at Police Station
Jetran, Pali for the offence under Section 498A, 426, 323, 420 IPC
whereupon the investigation was commenced. Apprehending their
arrest, the petitioner moved the bail application before the court
below, which was dismissed. Hence, this bail application has been
filed.
Heard learned counsel for the petitioner and learned Public
Prosecutor and perused the material made available on record.
Learned Public Prosecutor and Complainant opposed the bail
application.
(2 of 2)
[CRLMB-8193/2017]
Looking to the overall facts and circumstances of the case
and without expressing any opinion on the merits and demerits of
the case, I deem it just and proper to grant anticipatory bail to the
petitioners.
Therefore, this bail application filed under Section 438 CrPC
is allowed and it is directed that in the event of arrest of
petitioners Mukesh Son of Ram Swaroop and Sumitra Wife of
Shri Mukesh in the aforesaid FIR, shall be released on bail by
the concerned SHO/Investigating Officer, provided each of them
furnishes a personal bond in the sum of Rs. 20,000/- with two
sureties each in the like amount to his/her satisfaction on the
following conditions:
i) That the petitioner(s) shall make himself/themselves
available for interrogation by a police officer, as and
when required;
ii) That the petitioner(s) 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) That the petitioner(s) shall not leave without
previous permission of the court;
iv) That the petitioner(s) shall not commit any offence
similar to the offence of which he/she/they is/are
accused or suspected.
(SANJEEV PRAKASH SHARMA)J.
Anil Kumar Choudhary