IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Pankaj Bhandari, J.
Ghanshyam - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 2000 of 2021
Decided on : 04-03-2021
Bail Application - Anticipatory Bail - The court allowed the anticipatory bail application under Section 438 of Cr.P.C. for the offence under Sections 354 I.P.C. The petitioners were directed to be released on bail with certain conditions.
Fact of the Case:
The petitioners filed a bail application under Section 438 of Cr.P.C. for an offence under Sections 354 I.P.C. A prior complaint was filed alleging false allegations against the petitioners.
Finding of the Court:
The court allowed the anticipatory bail application considering the contentions put forth by the counsel for the petitioners. The petitioners were directed to be released on bail with specific conditions.
Issues: The main issue was whether the petitioners were entitled to anticipatory bail for the offence under Sections 354 I.P.C.
Ratio Decidendi: The court considered the contentions of the petitioners and the fact that they were cooperating with the investigation. The court found it unnecessary for custodial interrogation and allowed the anticipatory bail application.
Final Decision: The anticipatory bail application was allowed, and the petitioners were directed to be released on bail with specific conditions.
JUDGMENT
Pankaj Bhandari, J. - Petitioners have filed this bail application under Section 438 of Cr.P.C.
2. F.I.R. No.476/2020 was registered at Police Station, Kotputli, District Jaipur for offence under Sections 354 I.P.C.
3. It is contended by the counsel for the petitioners that prior to lodging of the present F.I.R., a complaint was filed to the police that complainant-party intended to level false allegations against the petitioners. Parties were bound down under Section 107 & 116(3) of Cr.P.C.
4. Learned Public Prosecutor contends that notice under Section 41-A of Cr.P.C. has been given to the petitioners. They are co- operating with the investigation and custodial interrogation is not required.
5. I have considered the contentions.
6. Considering the contention put forth by counsel for the petitioners, the anticipatory bail application is allowed.
7. The Anticipatory Bail Application is allowed. The S.H.O./I.O./Arresting Authority, Police Station Kotputli District Jaipur in F.I.R. No. 476/2020 is directed that in the event of arrest of the petitioners they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to his satisfaction on the following conditions:-
(ii). that the petitioners 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 petitioners shall not leave India without previous permission of the Court.
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