Rajasthan High Court - Jodhpur
Rajnarayan vs State Of Rajasthan on 10 August, 2018
Author: Virendra Kumar Mathur
Bench: Virendra Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 6544/2018
Rajnarayan S/o Sh. Shakanji , Aged About 74 Years, B/c Pathak,
R/o Kasturi Park, Krishanleeladhar Road, Bhaiyender (East)
District Thane (Maharashtra)
----Petitioner
Versus
State Of Rajasthan , Through PP
----Respondent
For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mr. Ashok Uppadhaya, Public
Prosecutor
HON'BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Order 10/08/2018 The present anticipatory bail application under Section 438 of Cr.P.C. has been filed in connection with FIR No.55/2015 Police Station Bhinmal, District- Jalore for the offence under Sections 420, 467, 468, 471 & 120B IPC registered against applicant.
Learned counsel for the applicant contended that the petitioner is old person more than 74 years of age and presently confined to bed and undergoing treatment of both kidney's failure.
It was also contended that the school certificate, which is subject matter of the present case, had already been obtained by the police from the court for the reason that a civil suit(election petition) was pending in the court and the document was procured by the police from the court for the purpose of investigation about its genuineness and now no custodial interrogation from the petitioner is otherwise required to be made.
(2 of 2) [CRLMB-6544/2018] Heard learned counsel for the applicant as well as learned Public Prosecutor. Perused the material placed on record.
Learned Public Prosecutor has opposed the bail application. Having considered all the relevant facts and circumstances of the case, this Court deems it just and proper to grant anticipatory bail to the applicant under Section 438 Cr.P.C.
Accordingly, this bail application is allowed and it is directed that in the even of arrest of applicant in connection with FIR No.55/2015 Police Station Bhinmal, District- Jalore, the accused- applicant- Rajnarayan S/o Shri Shakanji shall be released on bail provided he 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/SHO on the following conditions:-
(1) He shall make himself available for interrogation by Investigating Officer as and when required;
(2) He 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 to any Police Officer;
(3) He shall not leave India without the previous permission of the trial court.
(VIRENDRA KUMAR MATHUR),J.
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