2000 Supreme(Raj) 1254
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Amare Ku.Singh, J.
Arvind Kumar Gupta - Appellant
Versus
State Of Rajasthan on - Respondent
S.B. Cri. Misc. Bail Appln No. 1100 of 2000.
Decided On : 27-06-2000
Advocates:
For the Petitioner:-Shri Jagdeep Dhankar Sr. Adv. with Shri Krateesh Joshi, and Shri jai yogi, Advocate.
For the State:Shri V. yadav, PP, Advocate.
The court's decision to grant bail was primarily based on the statement of Smt. Indu Agarwal recorded under Section 164 Cr.P.C, which indicated the absence of responsibility for her burning.
Headnote:
Bail - Statement under Section 164 Cr.P.C - The court granted bail to the petitioner based on the statement of Smt. Indu Agarwal recorded under Section 164 Cr.P.C, where she stated that she was cooking food in the kitchen when she was burnt and no person was responsible for her burning.
Fact of the Case:
The petitioner sought bail, and the court considered the statement of Smt. Indu Agarwal recorded under Section 164 Cr.P.C.
Finding of the Court:
The court found that based on the statement of Smt. Indu Agarwal, it was just and proper to grant bail to the petitioner under Section 438 Cr.P.C.
Issues: The issue was whether the petitioner should be granted bail based on the statement of Smt. Indu Agarwal.
Ratio Decidendi: The court's decision was influenced by the statement of Smt. Indu Agarwal recorded under Section 164 Cr.P.C, which indicated that no person was responsible for her burning.
Final Decision: The court allowed the application and directed the release of the petitioner on bail, with specific conditions to make himself available for investigation and not to tamper with any witness/evidence.
JUDGMENT
1. - Heard the learned Counsel for the petitioner and the learned PP and perused the case diary. The certified copy of statement of Smt. Indu Agarwal recorded by the Magistrate under Section 164 Criminal Procedure Code has also been filed.
2. The learned PP has admitted that only the statement of Smt. Indu Agarwal was recorded by the Magistrate. In her statement Smt. Indu Agarwal has stated that she was cooking food in the kitchen when she was burnt and no person was responsible for her burning.
3. In view of the statement of Smt. Indu Agarwal recorded under Section 164 Cr.P.C, it appears Just and proper to grant bail to the petitioner under Section 438 Criminal Procedure Code.
4. Accordingly, this application is allowed and it is directed that in the event of arrest of Arvind Kumar Gupta, he shall be released on bail on his furnishing two sureties in the sum of Rs. 5000/- each with personal bond in the sum of Rs. 10,000/- (Rupees ten thousand only) each to the satisfaction of the I.O. Concerned.
5. During the period he remains on bail under this order, he shall make himself available to the investigating officer for investigation. He is further directed not to make any attempt to tamper with any witness/evidence as may be available to the prosecution during investigation. This order shall remain operative upto the date when the report under Section 173 Criminal Procedure Code may be filed in the court, which took the offence and another time of fifteen (15) days so that the petitioner may move necessary application for grant of bail. The bail application stands disposed of accordingly.
6. Copy of this order may be sent to the concerned police station as also to the Chief Judicial Magistrate, Ajmer for information and necessary compliance.Bail Granted.
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