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Surendra Sen & Ors vs State on 6 April, 2017

S.B. Criminal Misc. Bail No. 2515 / 2017

1. Surendra Sen S/o Late Shri Hajarilal

2. Ichchha Devi W/o Late Shri Hajarilal

3. Gajendra Sen S/o Late Shri Hajarilal, All Are by Caste Sen R/o
Balsamand Road, Mandore, Jodhpur.

State of Rajasthan

For Petitioner(s) : Mr. Moti Singh
For Respondent(s) : Mr. Ashok Upadhyay, P.P.
For Complainant(s): Mr. Rajesh Vyas
Judgment / Order

Heard learned counsel for the petitioner and learned Public

Prosecutor as well as learned counsel for the complainant.

Perused the material available on record.

This anticipatory bail application has been filed by the

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

No.39/2017, registered at Police Station Mahila Thana (West)

Jodhpur for the offences under Sections 498A, 406 and 323 IPC

So far as the petitioner no.1 Surendra Sen and the petitioner

no.3 Gajendra Sen are concerned, looking to the gravity of

allegations attributed to them, I am not inclined to release them
on anticipatory bail. Thus, the anticipatory bail qua the petitioners

no.1 Surendra Sen and no.3 Gajendra Sen is dismissed.

However the petitioner no.2 is a woman and her role is

different from the two co-accused.

In this background and having regard to the facts and

circumstances available on record, but without expressing any

opinion on the merits of the case, it is considered to be just and

proper to grant anticipatory bail to the petitioner no.2 Smt.

Ichchha Devi.

Accordingly, the instant anticipatory bail application is

allowed qua the petitioner no.2 Smt. Ichchha Devi and it is

directed that in the event of arrest of petitioner no.2 Smt. Ichchha

Devi in connection with F.I.R. No..39/2017, registered at Police

Station Mahila Thana (West) Jodhpur, the petitioner shall be

released on bail; provided she 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 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.



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