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Shanti vs State on 5 October, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 9709/2018

1. Shanti W/o Sh. Khumbha Ram, Aged About 55 Years

2. Dulichand S/o Sh. Khumbha Ram, Aged About 33 Years,
Both B/c Meghwal, R/o Chak 3 Nd, Teh. Anoopgarh, Distt.
Sriganganagar.

—-Petitioners
Versus
State, Through Pp
—-Respondent

For Petitioner(s) : Mr. Mohanlal
For Respondent(s) : Mr. KV Vyas, PP
Mr. Pankaj Gupta

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

05/10/2018

The petitioners have been arrested in connection with FIR

(CR) No.194/2018 of Police Station Suratgarh Sadar, District

Sriganganagar for the offence punishable under Sections 498A,

406 323 IPC. They have preferred this bail application under

Section 439 Cr.P.C.

Heard the learned counsel for the parties and perused the

material available on record.

After hearing learned counsel for the parties, I am not

inclined to grant anticipatory bail to the petitioner No.2 Dulichand,

hence the bail application qua the petitioner No.2 Dulichand is

rejected.

However, the petitioner No.2 Dulichand is permitted to
(2 of 3) [CRLMB-9709/2018]

surrender before the concerned trial court on or before

22.10.2018 and file an application for bail under Section 437

Cr.P.C. and it is expected from the concerned trial court that the

bail application will be decided on the same day.

Till 22.10.2018, the petitioner No.2 Dhulichand shall not be

arrested in connection with FIR (CR) No.194/2018 of Police

Station Suratgarh Sadar, District Sriganganagar.

So far as the petitioner No.1-Shanti is concerned, learned

counsel submits that she is a lady and aged about 55 years,

therefore no useful purpose would be served by sending the

petitioner No.1 Shanti behind the bars for indefinite time. Thus,

the petitioner No.1 Shanti may be released on anticipatory bail.

Learned Public Prosecutor opposed the prayer for

anticipatory bail of petitioner No.1-Shanti.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced at the bar, this

Court is of the opinion that it is a fit case for grant of anticipatory

bail to the petitioner No.1 Shanti under Section 438 Cr.P.C.

Accordingly, the bail application qua petitioner No.1 Shanti is

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

Shanti W/o Sh. Khumbha Ram in connection with FIR (CR)

No.194/2018 of Police Station Suratgarh Sadar, District

Sriganganagar, the petitioner shall be released on bail; provided

she furnishes a personal bond in the sum of Rs.1,00,000/- along

with two sureties of Rs.50,000/- each to the satisfaction of the

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

conditions :-

(3 of 3) [CRLMB-9709/2018]

(i). that the petitioner shall make herself available for

interrogation by a police officer as and when required;

(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

(iii). that the petitioner shall not leave India without previous

permission of the court.

(MANOJ KUMAR GARG),J

Ms/-118

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