Rajasthan High Court - Jaipur
Vijay Kumar Banjara vs . State Of Rajasthan on 21 April, 2014
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. CRIMINAL MISC. BAIL APPLICATION NO.4032/2014. Vijay Kumar Banjara Vs. State of Rajasthan Date of Order : : 21.4.2014 HON'BLE MR.JUSTICE PRASHANT KUMAR AGARWAL Mr. Asgar Khan, for the petitioner. Mr. Anil Yadav, Public Prosecutor.
Heard learned counsel for the parties. Apprehending his arrest, the accused-petitioner has moved this application for grant of anticipatory bail under Section 438 Cr.P.C. in respect of FIR No.92/2013 registered at Police Station Chopanki, District Alwar for the offences under Sections 379,, 120-B IPC readwith Sections 29, 32, 33, 41, 42, 77 of Rajasthan Forest Act and Section 4, 21 of MMRD Act and Section 68 of MMCR and Section 3 of PDPP Act.
On consideration of submissions made on behalf of the respective parties and the material made available for my perusal as well as the evidence collected during investigation, which has been produced before me by way of case diary, and more particularly in view of the fact that the present petitioner has been involved in the case only on the ground that he is registered owner of the vehilce invovled in the incident whereas it was sold by him to one Shri Rashid-co-accused, who has been granted benefit of bail under Section 439 Cr.P.C. by the Additional Sessions Judge, and the vehilce involved in the incident has also been released on 'Superdginama' in his favour by the Coordinate Bench of this Court vide order dated 9.1.2014, but without expressing any final opinion on the merit and de-merit of the case, I deem it just and proper to grant indulgence of anticipatory bail to the petitioner.
Consequently, the application for anticipatory bail is allowed.
The S.H.O./I.O./Arresting Authority, Police Station Chopanki, District Alwar in F.I.R. No.92/2013 is directed that in the event of arrest of the petitioner Vijay Kumar Banjara S/o Prema Ram Banjara, 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 his satisfaction 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.
(PRASHANT KUMAR AGARWAL ),J.
A.Arora/-
Item No.145.
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
AMIT ARORA PERSONAL ASSISTANT