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2017 DIGILAW 582 (RAJ)

Dina Nath S/o Shri Chatar Nath Chela Kanwar Nath v. State of Rajasthan Through Public Prosecuto

2017-02-17

DEEPAK MAHESHWARI

body2017
ORDER : Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the relevant record. 2. This bail application has been preferred by the petitioners under Section 438 Cr.P.C. in connection with FIR No. 152/2016 of Police Station Siriyari, Dist. Pali, registered for the offence under Section 379 IPC. 3. Learned counsel for the petitioners submits that he does not want to press the application moved on behalf of Dina Nath as he has been arrested in this matter. Hence the application in regard to petitioner No. 1 Dina Nath is dismissed as withdrawn. 4. Learned counsel for the petitioner has pressed this application qua petitioner No. 2 Tilok Nath and stated that allegation against Tilok Nath is that he has stolen crop of ‘Chari Bazri’ standing on Khasra No. 378 of village Vopari which has been attached by Tehsildar, Marwar Junction Dist. Pali. He submits that litigation in regard to this land pending before Revenue Board has been stayed by this Court in writ petition preferred by petitioner Dina Nath. He has further stated that co-accused Khema Ram has already been granted anticipatory bail by this Court and case of Dina Nath is on the same footing. He submits that the petitioner has been falsely implicated in the matter. No incriminating evidence has been collected against him as yet during investigation. There is no possibility of the petitioner to flee from justice. He is ready to cooperate in the investigation. 5. Learned Public Prosecutor has opposed the bail application stating that the petitioner has stolen the property attached by Tehsildar. 6. Having considered the rival contentions made at Bar and all the relevant facts, including the nature and gravity of the accusation, antecedents of the petitioner and the evidence collected so far during the investigation, without expressing any opinion on the merits of the case, this Court is inclined to allow this bail application. 7. Accordingly, this bail application moved on behalf of petitioner No. 2 is allowed and it is ordered that in the event of arrest of petitioner No. 2 Tilok Nath S/o Shri Chatar Nath in connection with F.I.R. No. 152/2016 Police Station Siriyari Dist. Pali, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs. 40,000/- along with two sureties of Rs. Pali, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs. 40,000/- along with two sureties of Rs. 20,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :- (i) that the petitioners shall make himself/herself/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.