Rajasthan High Court - Jaipur
Bhawan Singh vs State Of Raj Asthan on 17 August, 2010
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.7714/2010. Bhagwan Singh Vs. State of Rajasthan Date of order : August 17, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sanjay Kumar Sharma for the petitioner. Shri Laxman Meena Public Prosecutor for State.
****** Heard learned counsel for petitioner as well as learned Public Prosecutor for State and perused the relevant documents placed before me.
Contention of the learned counsel for petitioner is that petitioner has been made an accused on the allegation that he along with two others went to the residence of the complainant to kill her husband and when he did not find him there, he threatened the complainant of dire consequences as her husband is making complaints against them and they want to teach a lesson to him. It is contended that no injury whatsoever has been sustained by the complainant. The allegation of giving beating by the accused to the complainant is totally false. Petitioner has been foisted in a false case.
Learned Public Prosecutor has opposed the bail application but is not in a position to controvert the aforesaid submissions.
Having regard to the facts aforesaid and considering all other facts and circumstances of the case, I deem it just and proper to extend the benefit of pre-arrest bail to the petitioner.
In the result, this anticipatory bail application u/S.438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Bhagwan Singh S/o Shri Gangaram in F.I.R. No.150/2010 P.S. Pidawa, District Jhalawar for offence u/Ss.366, 116, 447, 427, 506 and 34 IPC, he be released by the S.H.O./I.O. on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to his satisfaction with the following conditions:
1. that the petitioner shall make himself available for interrogation by a police officer as and when required;
2. 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
3. that the petitioner shall not leave India without previous permission of the court.
(MOHAMMAD RAFIQ), J.
anil