HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.
State, Through Pp
For Petitioner(s) : Mr. Mohanlal
For Respondent(s) : Mr. KV Vyas, PP
Mr. Pankaj Gupta
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
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
However, the petitioner No.2 Dulichand is permitted to
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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
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(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
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