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2008 DIGILAW 1460 (RAJ)

Rakesh Kumar v. State of Rajasthan

2008-05-26

MAHESH CHANDRA SHARMA

body2008
JUDGMENT 1. - Heard learned counsel for the petitioner as well as Public Prosecutor assisted by learned counsel for the complainant and perused the case diary and other relevant documents placed before me. 2. Learned counsel for the petitioner submits that initily F.I.R. against the petitioner was registered for the offence under Sections 341, 323, 342 I.P.C., which are bailable one but lateron during the course of investigation, the police added Section 308 I.P.C. Lastly he submits that the injuries inflicted by the petitioner on the person of injured are simple in nature. Thus, the petitioner may be granted indulgence of anticipatory bail. 3. Learned PP opposed the bail application and submitted that looking to the facts of the case the bail should be rejected. 4. Without expressing any opinion on the merits of the case at this stage, I deem it just and proper to grant the anticipatory bail to the petitioner under Section 438 Cr.P.C. 5. In the result, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner namely; Rakesh Kumar S/o Prabhati Lal in F.I.R. No. 97/2008, at Police Station Singhana District Jhunjhunu, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes a personal bond in the sum of Rs. 20,000/-(Rupees Twenty Thousand only), with two sureties of Rs. 10,000/- each to her satisfaction on the following conditions: 1. That the petitioner shall make herself available for interrogation by a Police Officer as and when required; 2. 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 her from disclosing such facts to the Court or any Police Officer; 3. That the petitioner shall not leave India without previous permission of the Court. 4. That the petitioner shall not commit any offence similar to the offence of which she is accused or suspected. Bail application allowed. *******