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Rajasthan High Court · body

2019 DIGILAW 1046 (RAJ)

Bhanwari Devi v. State of Rajasthan

2019-04-05

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record. 2. The petitioners apprehend their arrest in connection with FIR No. 56/2017 of Police Station Industrial Aria, District Pali for the offences punishable under Sections 420, 406 and 120-B of IPC. 3. Learned counsel for the petitioners has submitted that petitioners have falsely been implicated in this case. It is argued that as a matter of fact, petitioners were not aware about the business of the KBCL Company where their husbands were agents. 4. It is submitted that petitioners were not aware about the fact that they were also made agents by their husbands and several transactions were done by their husbands on their behalf. It is also submitted that petitioners never attended the meetings of the above named company and their husbands used to attend the meetings on their behalf. It is also submitted that when the petitioners had not actively participated in day to day affairs of the company, they are entitled for benefit of anticipatory bail. 5. Learned Public Prosecutor has opposed the bail application. 6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioners under Section 438 Cr.P.C. 7. Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioners (1) Smt Bhanwari Devi W/o Sita Ram Jangid and (2) Bhanwari Devi W/o Deep Singh in FIR No. 56/2017 of Police Station Industrial Aria, District Pali they shall be enlarged on bail provided each of them furnishes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureities of Rs. 25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:- (i) They shall make themselves available for interrogation by Investigating Officer as and when required; (ii) They 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 to any Police Officer; (iii) They shall not leave India without the previous permission of the Court.