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2021 Supreme(Raj) 473

IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Suraj - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 3664 of 2021
Decided on : 07-04-2021

Advocates appeared:
Kuldeep Sharma, Advocate, Farzand Ali, Advocate, Gaurav Singh, Advocate, Vinod Kumar Sihag, Advocate

The central legal point established in the judgment is the grant of anticipatory bail under Section 438 Cr.P.C. based on the compromise reached by the parties and the facts and circumstances of the case.

Headnote:

Anticipatory Bail - Criminal Law - The court granted anticipatory bail to the petitioners under Section 438 Cr.P.C. in connection with FIR No.43/2021, registered for various offences under the IPC, considering the compromise reached by the parties and the facts and circumstances of the case.

Fact of the Case:

The petitioners filed an anticipatory bail application apprehending their arrest in connection with FIR No.43/2021, registered for multiple offences under the IPC. It was stated that the parties have arrived at a compromise.

Finding of the Court:

The court found it to be a fit case to extend the benefit of pre-arrest bail to the petitioners under Section 438 Cr.P.C. based on the entirety of facts and circumstances available on record.

Issues: The main issue was the grant of anticipatory bail to the petitioners in connection with the FIR.

Ratio Decidendi: The court considered the compromise reached by the parties and the facts and circumstances of the case in granting anticipatory bail to the petitioners.

Final Decision: The bail application was allowed, and it was directed that the petitioners shall be released on bail upon fulfilling certain conditions.

JUDGMENT

Sandeep Mehta, J. - Heard learned counsel for the parties and perused the material available on record.

2. This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with FIR No.43/2021, registered at Mahila Police Station, District Hanumangarh for the offences under Sections 323, 504, 382, 427, 354 & 34 of the IPC.

3. It is stated that the parties have arrived at a compromise. Thus, having regard to the entirety of facts and circumstances as available on record, this Court is of the opinion that it is a fit case to extend the benefit of pre-arrest bail to the petitioners under Section 438 Cr.P.C.

4. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioners (1) Suraj S/o Shri Hawa Singh and (2) Rahul S/o Shri Ajay Choudhary in connection with FIR No.43/2021, registered at Mahila Police Station, Hanumangarh, the petitioners shall be released on bail; provided each of them 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/S.H.O. on the following conditions :-

    (i). that the petitioner(s) shall make himself available for interrogation by a police officer as and when required;

(ii). that the petitioner(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 him from disclosing such facts to the court or any police officer; an

(iii). that the petitioner(s) shall not leave India without previous permission of the court.

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