IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

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S.B. CRI. ANTICIPATORY BAIL APPLICATION

NO.9594/2016

PETITIONER

1. Chaina Ram s/o Dhokal Ram

2. Smt.Suwati Devi w/o Chaina Ram

3. Mala Ram s/o Chaina Ram

4. Smt.Sua Devi w/o Mala Ram

All b/c Bishnoi, r/o Nagarasar, Tehsil Kolayat, District

Bikaner

VERSUS

RESPONDENT

The State of Rajasthan

Date of order

:

21.10.2016

HON'BLE MR.JUSTICE PANKAJ BHANDARI

Mr.H.S.Kharlia, Senior Advocate assisted by

Mr.Bhawani Singh for the petitioners.

Mr.Ashok Upadhyay, PP for the State.

Mr.B.R.Vishnoi for the complainant.

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ORDER

1.

The petitioners have moved this anticipatory

bail application under Section 438 Cr.P.C.

2.

The allegation in this FIR pertains to offence

under Section 302, 458 and 143 IPC.

3.

It is contended by counsel for the petitioner

that the police after due investigation filed negative

final report. A protest petition was filed by the

complainant on which the court has taken cognizance

against the petitioners. It is also contended that the

deceased was son and daughter-in-law of petitioners

No.1 & 2 and petitioners No.3 & 4 are brother and

brother-in-law of the deceased. It is also contended

that there is no injury on the body of the deceased.

One of the deceased committed suicide by hanging and

the other committed suicide by jumping in a tanka.

4.

Learned counsel for the complainant has

opposed the bail application.

5.

I have considered the rival contentions of the

parties.

5.

Considering the fact that the matter pertains

to the year 2014 and the police after due investigation

has filed the negative final report, also considering the

fact that there is no injury on the body of the

deceased, I am inclined to grant anticipatory bail to the

present petitioner.

6.

Accordingly, the anticipatory bail application

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

of petitioner (1) Chaina Ram s/o Dhokal Ram, (2)

Smt.Suwati Devi w/o Chaina Ram, (3) Mala Ram

s/o Chaina Ram and Smt.Sua Devi w/o Mala Ram

in connection with F.I.R. No.278/2014, Police

Station Bajju, District Bikaner, the petitioners shall

be released on bail; provided each of them furnish a

personal bond in the sum of Rs.50,000/- along with

two sureties of Rs.25,000/- 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 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.

(PANKAJ BHANDARI), J.

skant/-