HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc. Bail No. 300/2019

1.

Kallu Khan S/o Abdul Aziz Khan, Aged About 48 Years,

2.

Smt. Shahida Khan W/o Wasim Khan, Aged About 24

Years,

3.

Wasim Khan S/o Kallu Khan, Aged About 26 Years,

All R/o Gayri Mohalla, Nimbahera, District Chittorgarh.

----Petitioners

Versus

State Of Rajasthan

----Respondent

For Petitioner(s)

:

Mr. Zafar Khan

For Respondent(s)

:

Mr. Pankaj Awasthi, P.P.

For Complainant(s)

:

Mr. Bhagirath Solanki

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

21/01/2019

Heard learned counsel for the parties and also perused the

material on record.

The petitioners apprehend their arrest in connection with FIR

No.218/2018 of Police Station Kotwali Nimbahera, District

Chittorgarh for the offences punishable under Sections 452, 384,

354, 323 and 504 IPC. They have preferred this anticipatory bail

application under Section 438 Cr.P.C.

Learned counsel for the petitioners has submitted that the

co-accused persons viz. Smt. Shanu W/o Kallu Khan and Mohsin

S/o Kallu Khan have already been enlarged on bail under Section

439 Cr.P.C. by this Court. It is submitted that now the matter has

(2 of 3)

[CRLMB-300/2019]

been compromised between the complainant and the accused

party and, therefore, the petitioners be granted benefit of

anticipatory bail.

Learned Public Prosecutor has opposed the bail application,

however, learned counsel for the complainant has confirmed that

the matter has now been compromised between the parties.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant anticipatory bail to the

accused petitioners under Section 438 Cr.P.C.

Accordingly, this bail application under Section 438 Cr.P.C. is

allowed and it is directed that in the event of arrest of the

petitioners – (1) Kallu Khan S/o Abdul Aziz Khan, (2) Smt.

Shahida Khan W/o Wasim Khan and (3) Wasim Khan S/o Kallu

Khan in FIR No.218/2018 of Police Station Kotwali Nimbahera,

District Chittorgarh they shall be enlarged on bail provided each of

them furnishes a personal bond in a sum of Rs.50,000/- with two

sound and solvent sureties of Rs.25,000/- each to the satisfaction

of the concerned I.O./S.H.O. on the following conditions:-

(i)

They shall make themselves available for

interrogation by Investigating Officer as and when

required;

(ii)

They 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 to any Police Officer;

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[CRLMB-300/2019]

(iii)

They shall not leave India without the previous

permission of the Court.

(VIJAY BISHNOI),J

Abhishek Kumar

S.No.78