HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 7483/2024
1. Guddi W/o Samundra Singh, Aged About 55 Years, R/o-
Village-Machhipura, Police Station-Sadar, Gangapurcity.
2. Sumer Singh S/o Madhosingh, Aged About 52 Years, R/o
-Village-Machhpura, Police Station-Sadar, Gangapurcity.
3. Samundra Singh S/o Narayan Singh, Aged About 56
Years, R/o-Village-Machhipura, Police Station-Sadar, Gan-
gapurcity.
----Petitioners
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Sikandar Ali Chopdar
Mr. Ajay Kumar Bansal
For Respondent(s) : Mr. Ghanshyam Singh Rathore, GA
cum AAG with
Mr. Babu Lal Nasuna, PP
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN ( V. J. )
Order
28/06/2024
1. This instant application under Section 438 of Cr.P.C. is filed
by the petitioner(s)-applicant(s) for seeking anticipatory bail
in event of arrest in connection with FIR No. 48/2024 regis-
tered at P.S. Sadar District - Gangapurcity for alleged offence
under Section(s) 143, 323 and 341 of IPC.
2. Learned counsel for the applicant(s) submits that the appli-
cant(s) have falsely implicated in a concocted criminal case.
He also submitted that the applicant(s) may be arrested due
vendetta
to ulterior motive and to fulfill personal of com-
plainant though there is no evidence against the
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petitioner(s)-applicant(s). He further submitted that the peti-
tioners are law abiding citizen having no previous criminal
antecedents, but they assure(s) full cooperation with Investi-
gating Agency.
3. Learned Public Prosecutor has opposed the bail application
and submitted that the allegations against the petitioners
are grave and serious, therefore, at the stage of investiga-
tion, the petitioner(s)-applicant(s), are required for investi-
gation, hence, they are not entitled to grant anticipatory
bail.
4. Heard learned counsel for the petitioner(s)-applicant(s) and
learned Public Prosecutor. Perused the material available on
record submitted by both the parties.
5. Having considered the police report and the material placed
on record for perusal, the matter is still at the investigation
stage, but the investigation so far indicates that the peti-
tioner(s)-applicant(s) is/are not required for custodial inter-
rogation. Considering the assurance of cooperation and also
the fact that there is no criminal antecedents against the pe-
titioner(s)-applicant(s), without expressing any opinion on
role of the present petitioner(s)-applicant(s), it is appropri-
ate to grant anticipatory bail.
6. In view of the facts and circumstances of the case, the bail
application under Section 438 Cr.P.C., is hereby allowed and
it is ordered that in the event of arrest of petitioner(s)-appli-
cant(s) Guddi W/o Samundra Singh,Sumer Singh S/o Mad-
hosingh,Samundra Singh S/o Narayan Singh, in connection
with FIR No. 48/2024 registered at P.S. Sadar District -
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Gangapurcity for alleged offence under Section(s) 143, 323
and 341 of IPC, the applicant(s) shall be released on bail
upon furnishing a personal bond of Rs. 50,000/- with two
sureties of like amount each to the satisfaction of the Inves-
tigating Officer on the following conditions:-
(i) Till completion of investigation, the applicant(s) shall
not leave the jurisdiction of the concerned District
without prior permission of the concerned Court.
(ii) The applicant(s) shall make himself/themselves avail
able for interrogation by the Investigating Officer
as and when required in relation to present criminal
case.
(iii) The applicant(s) 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
them from disclosing such facts to the Investigating
Officer during investigation.
(iv) The applicant(s) shall not tamper with any evidence or
try to influence any witness in any manner.
(v) The applicant(s) shall disclose his passport number, if
any, to Investigating Officer and shall not leave the
Country without prior permission from the concerned
Court.
(vi) The applicant(s) shall not indulge in any criminal
activity and shall not repeat any criminal offence
punishable under the Law.
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(vii) Failure to comply with any of the aforementioned condi-
tions, shall entail the cancellation of the anticipatory bail or-
der.
7. The Registry is directed to send a copy of this order to the
Trial Court through E-mail.
(ASHOK KUMAR JAIN ( V. J. )),J
ashu /29