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2022 Supreme(Raj) 112

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
NARENDRA SINGH DHADDHA, J.
Babulal Saini Son Of Umravlal Saini – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 1232, 1966/2022
Decided on : 10-02-2022

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Jai Raj Tantia, Advocate.
For the Respondent: Mr. Shyam Prakash Sharma, PP.

Headnote:

PDPP Act - Section 3 - Indian Penal Code,1860 - Sections 143, 283, 332 and 353 - Criminal Procedure Code,1973 - Section 438 - Assault or criminal force to deter public servant from discharge of his duty – Unlawful Assembly - Petitioners have been wrongly implicated in this matter - Similarly situated co - Accused were enlarged on anticipatory bail by Co-ordinate Bench of this Court and case of petitioners is similar to them - So petitioners be enlarged on anticipatory bail – Held, Petitioners and taking into account facts and circumstances of case and without expressing any opinion on the merits of the case, this court deems it just and proper to allow anticipatory bail applications - Applications are allowed.

JUDGMENT :

1. The present anticipatory bail applications have been filed under Section 438 Cr.P.C. in connection with FIR No.485/2019 registered at Police Station Bansoor, District Alwar for the offence(s) under Sections 143, 283, 332, 353 of IPC and Section 3 PDPP Act.

2. Counsel for the petitioners submits that petitioners have been wrongly implicated in this matter. Similarly situated co - accused Ramanand, Harisingh, Subhash, Bhoopsingh, Govindram Gupta, Rajveer Sauini, Rajpal, Kalu @ Nandkishore, Rohitash Yadav, Gopichand Yadav were enlarged on anticipatory bail by the Co-ordinate Bench of this Court and case of the petitioners is similar to them. So, the petitioners be enlarged on anticipatory bail.

3. Learned Public Prosecutor has opposed the anticipatory bail applications.

4. Considering the contentions put-forth by the counsel for the petitioners and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail applications.

5. Accordingly, the anticipatory bail applications are allowed. The S.H.O/I.O/Arresting Officer, Police Station Bansoor, District Alwar in FIR No.485/2019 is directed that in the event of arrest of the petitioners Babulal Saini Son Of Umravlal Saini, Mohanlal Saini Son Of Dholaram, Ashok Kumar Saini Son Of Dhola Ram, Dinesh Kumar Saini Son Of Dholaram Saini, Lalaram Saini Son Of Makhanlal, Ravi Kumar Agarwal Son Of Pushkardutt, Mahender Kumar Son Of Rohitash, Sanjay Swami S/o Mamraj, Prakash Chand Saini S/o Hanuman Prasad Saini, Yogesh Kumar Saini S/o Rudmal, Jagram Saini S/o Rudaram Saini, Rajesh Kumar Saini S/o Banwari Lal Saini, Dataram S/o Umrao, Vishnu S/o Ramavatar Saini, Mukesh Saini S/o Babulal, Ramavatar Saini S/o Omkar, Omi @ Omprakash S/o Ramjilal, Ramkishore S/o Hanuman, Prakash Chand S/o Hardayal Saini, Vinod S/o Ramesh and Parkiya @ Jayprakash Saini S/o Goverdhan Saini they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station 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 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.

6. A copy of this order be placed in connected file.

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