Advocates:
['LAXMAN SINGH', '', 'JITENDRA SINGH RATHORE', 'SURENDRA BAGMALANI']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 2940/2022

1.

Raju Singh S/o Jhandu Singh, Aged About 23 Years, R/o

Baldev Nagar, Barmer (Raj.)

2.

Aidan Singh S/o Sh. Daulat Singh, Aged About 22 Years,

R/o Baldev Nagar, Barmer (Raj.)

----Petitioners

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr Laxman Singh

For Respondent(s)

:

Mr A.R. Choudhary, Public Prosecutor

Mr Surendra Baghmalani for the

complainant

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

07/05/2022

This application for anticipatory bail under Sec.438 CrPC has

been filed by the petitioners apprehending their arrest in

connection with FIR No.83/2021 registered at Police Station

Ramsar, District Barmer for offence under Sections 147, 148, 452,

341, 323, 324, 365, 308/149 IPC.

Heard learned counsel for the petitioners, the learned Public

Prosecutor and the learned counsel appearing for the complainant.

Perused the material available on record.

Learned counsel for the petitioners submits that for a trivial

issue the parties grappled, in which both the parties sustained

injuries. None of the injuries has been opined to be dangerous to

life. Neither the circumstances of the case nor the injuries are

such as to bring the matter within the ambit of Sec.308 IPC.

(2 of 2)

[CRLMB-2940/2022]

Learned counsel further submits that similarly situated co-accused

have been granted bail by coordinate Bench of this Court.

Learned Public Prosecutor and the learned counsel for the

complainant have vehemently opposed the bail application.

Having considered the rival submissions, in the facts and

circumstances of the case, without expressing any opinion on

merits/demerits of the case, this Court is of the opinion that the

petitioners deserve the benefit of anticipatory bail.

Accordingly, this bail application under sec.438 CrPC is

allowed and it is ordered that in the event of arrest of petitioners-

1) Raju Singh s/o Jhandu Singh and 2) Aidan Singh s/o Daulat

Singh in connection with FIR No.83/2021 registered at Police

Station Ramsar, District Barmer, they shall be released on bail

provided each of them furnishes a personal bond in the sum of

Rs.50,000/- (rupees Fifty Thousand) with two sureties of

Rs.25,000/- (rupees Twenty Five Thousand) each, to the

satisfaction of concerned Investigation Officer, subject to the

following conditions:

1. That they shall not leave India without prior

permission by concerned trial court;

2. That 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 office;

3. That they

shall make themselves available for

interrogation by a police officer as and when required.

(FARJAND ALI),J

67-MMA/-