Kanaram S/o Shri Suwa Lal v. State of Rajasthan Through PP
2017-01-09
SABINA
body2017
DigiLaw.ai
ORDER : Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No. 265/2015 registered at Police Station Kalwad, Jaipur Rural (Raj.) for offence under Sections 143, 447, 451, 382 and 342 of Indian Penal Code, 1860. Counsel for the petitioner has submitted that the petitioner is not named in the FIR. In fact, as per the prosecution story, 50-60 persons had been brought by co-accused Sukhdev Jat to take forcible possession of the land of ‘Gaushala’. Petitioner has been involved in this case on the basis of statement of co-accused Sukhdev Jat recorded while in police custody. Petitioner is not involved in any other criminal case. Learned State Counsel has opposed the petition. Keeping in view the facts and circumstances of the case, it would be just and expedient to grant anticipatory bail to the petitioner. Accordingly, without expressing any opinion on merits of the case, this petition is allowed. In the event of arrest, petitioner be admitted to bail subject to satisfaction of the Arresting Officer. Petitioner shall join investigation as and when required by the police and shall not leave the country without prior permission of the Court. Petitioner shall not tamper with the prosecution evidence.