HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.
The State of Rajasthan
For Petitioners : Mr. TRS Sodha.
For Respondent-State : Mr. J.P. Bhardwaj, PP.
HON’BLE MR. JUSTICE P.K. LOHRA
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)
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
(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
(iii) They shall not leave India without previous permission
of the court.