Grant of anticipatory bail based on the nature of the allegation, material in the case diary, and absence of criminal antecedents.

JUDGMENT

1. This application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with F.I.R. No.504/2021 registered at Police Station N.E.B. District Alwar for the offence(s) under Section(s) 19/54 of Rajashtan Excise Act, 1950.

2. It is contended by learned counsel for the petitioners that the excise article was recovered from the house under tenancy of co-accused Vinay Kumar and the agreement dated 15.07.2021 submitted by the co-accused reflecting the termination of tenancy is a forged document. He submitted that while petitioner No.1 is a 61 years' old lady, petitioner No.2 happens to be a professor in an engineering college at Bhilwara. He submitted that on receiving telephonic information from the police, he himself went to the house which was searched in his presence after breaking the lock. He submitted that they have no criminal antecedents and prayed for release of the petitioners on pre-arrest bail.

3. Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by the learned counsel for the petitioners, the nature of allegation against them, material contained in the case diary especially the information furnished by co-accused Vinay Kumar Yadav under Section 27 of the Indian Evidence Act, 1872 wherein he has disclosed the place from where he purchased the recovered article, his interrogation note and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioners on anticipatory bail 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 in connection with afore- mentioned FIR registered at concerned Police Station the petitioners 1.Chanda Devi Saini W/o Late Shri Bishanlal Saini & 2.Hemant Kumar Saini S/o Late Shri Bishanlal Saini 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 the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

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

(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 them 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.