Rajasthan High Court - Jaipur
Saddam S/O Jakir @ Jikariyan vs State Of Rajasthan on 16 May, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 20065/2021
Saddam S/o Jakir @ Jikariyan, R/o Rot Post Hadiya Teh. Mahwa
Ps Mahwa Dist. Dausa Raj.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bhupendra Kumar Sharma For Respondent(s) : Mr. MS Saini, PP HON'BLE MR. JUSTICE FARJAND ALI Order 16/05/2022
1. The present bail application has been filed under Section 438 Cr.P.C. on behalf of the accused-petitioner in connection with FIR No. 655/2021 registered at Police Station Mahuwa, District Dausa for the offence(s) under Sections 353 & 307 IPC and Sections 3/25 of the Arms Act.
2. Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case. The accused-petitioner has nothing to do with the alleged offences. Learned counsel submits that the interim order passed by the Court on 21.12.2021 whereby protection from arrest was granted to the petitioner which has not been abused in any way. The petitioner has joined the investigation. It is not a case where custodial interrogation would be required.
3. Learned Public Prosecutor has vehemently opposed the bail application.
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4. Having considered the overall allegations leveled in the FIR and contentions made by the counsel for the accused-petitioner.
5. Looking to the totality of facts and circumstances of the case and following the dicta passed by Hon'ble the Supreme Court in the case of Abhishek Kumar v. State of Delhi in Criminal Appeal No. 360/2022 [SLP (Crl.) No. 11390/2019 decided on 07.03.2022], this court deems it just and proper to allow the anticipatory bail application filed on behalf of the accused- petitioner.
6. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Mahuwa, District Dausa in F.I.R. No. 655/2021 is directed that in the event of arrest of the petitioner Saddam S/o Jakir @ Jikariyan, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-
(i) that the petitioner shall make himself 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.
(FARJAND ALI),J SAHIL/115 (Downloaded on 24/12/2022 at 09:46:13 PM) Powered by TCPDF (www.tcpdf.org)