Rajasthan High Court - Jodhpur
Kirandeep Kaur vs State Of Rajasthan (2024:Rj-Jd:17349) on 22 April, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:17349]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1/2024
Kirandeep Kaur W/o Jaspal Singh, Aged About 40 Years, B/c
Majhabi Sikh, R/o 36-B.b., Tehsil Padampur, Dist. Sriganganagar,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Anoop Kumar Gond S/o Ramesh Chand Gond, R/o Sarai
Sitam, Bidori, Nevadiya, Jaunpur, Up, Presently At J.en.,
Jvvnl, Gajsinghpur, Bidori, Dist. Sriganganagar,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Swaroop Singh
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 22/04/2024 This anticipatory bail application has been filed by the petitioner apprehending her arrest in connection with F.I.R. No.45/2023 registered at Police Station Gajsinghpur, District Sriganganagar, for offences under Sections 332, 353, 336, 382 and 143 of the IPC and under Section 3 of PDPP Act.
Learned counsel for the petitioner submitted that in compliance of the Court's order dated 10.01.2024 the petitioner has already been joined the investigation. Drawing attention of this court towards the FIR, learned counsel for the petitioner submitted that since the petitioner has already joined the investigation no fruitful purpose would be served by sending the petitioner behind the bars particularly, when custodial (Downloaded on 22/04/2024 at 08:42:37 PM) [2024:RJ-JD:17349] (2 of 3) [CRLMB-1/2024] interrogation is not necessitated in the present case. Learned counsel further submitted that other co-accused persons namely Harpal Singh, Gurmel Singh @ Mela, Veer Singh @ Reda and Manga Singh (S.B. Criminal Misc. Bail Application No.7893/2023) have already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 23.06.2023. Learned counsel submitted that the petitioner does not have any criminal antecedents. Therefore, it was prayed that the petitioner may be released on anticipatory bail.
Learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail and submitted that looking to the seriousness of the accusation levelled against the present petitioner, she does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail by co- ordinate bench of this Court under Section 439 Cr.P.C.
Heard the learned counsel for the parties and perused the material available on record.
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 under Section 438 Cr.P.C.
Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner- Kirandeep Kaur W/o Jaspal Singh, in connection with FIR No.45/2023 registered at Police Station Gajsinghpur, District Sriganganagar, the petitioner shall be released on bail; provided she furnishes a personal bond in the sum of Rs.50,000/- each along with two sureties of (Downloaded on 22/04/2024 at 08:42:37 PM) [2024:RJ-JD:17349] (3 of 3) [CRLMB-1/2024] 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.
(KULDEEP MATHUR),J 54-Hanuman/-
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