An accused who has joined the investigation and from whom no recovery has been made can be granted anticipatory bail if the court finds it to be a fit case.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 15731/2022

Ganpat Singh S/o Sh. Aadu Singh, Aged About 43 Years, R/o Vill.

Gol Sodha, Teh. Pachpadra, Dist. Barmer (Raj.).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Jog Singh Bhati

For Respondent(s)

:

Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

05/01/2023

This anticipatory bail application has been filed by the

petitioner apprehending his arrest in connection with FIR

No.362/2021 lodged at Police Station Pachpadra, District Barmer

for the offence under Sections 143, 332, 353, 307 of IPC and

Section 4/21 of MMDR Act.

Learned counsel for the petitioner submits that no recovery

was made from the possession of the petitioner and he had

already joined the investigation. In such circumstances, no useful

purpose would be served by sending the petitioner behind the

bars for indefinite time. Thus, the petitioner may be released on

anticipatory bail.

Learned Public Prosecutor opposed the prayer for

anticipatory bail.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced at the bar, this

(2 of 2)

[CRLMB-15731/2022]

Court is of the opinion that it is a fit case for grant of anticipatory

bail to the petitioner under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed

that in the event of arrest of petitioner Ganpat Singh S/o Sh. Aadu

Singh, in connection with FIR No.362/2021 lodged at Police

Station Pachpadra, District Barmer, the petitioner shall be released

on bail; provided he furnish personal bond in the sum of

Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the

satisfaction of the concerned Investigating Officer/S.H.O. on the

following conditions :-

(i)

that the petitioner shall make

himself

available for

interrogation by a police officer as and when required;

(ii) that the petitioner 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 petitioner shall not leave India without previous

permission of the court.

(MANOJ KUMAR GARG),J

255-raksha/-