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2017 DIGILAW 97 (RAJ)

Vikram Alias Baldu Son of Shri Amar Singh v. State of Rajasthan Through P. P.

2017-01-09

SABINA

body2017
ORDER : 1. Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No. 444/2014 registered at Police Station Neemrana, Distt. Alwar (Raj.) for offence under Sections 353 and 307 of Indian Penal Code, 1860. 2. Learned counsel for the petitioner has submitted that two FIR’s were registered by the same police station bearing No.444/2014 (Present FIR) and 445/2014 after a motor vehicle accident had taken place. It is the prosecution story that police had been informed that a motor cycle had met with an accident and two persons were lying near the motor cycle. In FIR No.445/2014, petitioner has been granted anticipatory bail by coordinate Bench vide order dated 15.12.2016. In the present case, prosecution story is that the persons who were lying near the motor cycle had fired at the police party and had run away from the spot. However, it is case of ‘no injury’. Petitioner has been involved in both the cases after two years of the registration of the FIR’s. Co-accused was arrested and has been granted regular bail by this Court. 3. Learned State Counsel has opposed the petition. 4. Keeping in view the facts and circumstances of the case, it would be just and expedient to grant anticipatory bail to the petitioner. 5. 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.