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2019 DIGILAW 653 (RAJ)

Tarachand @ Kartar v. State of Rajasthan

2019-02-25

VIJAY BISHNOI

body2019
JUDGMENT 1. Learned counsel for petitioner-Tarachand @ Kartar S/o Bhadar Ram, without arguing on merits, has submitted that he does not want to press the criminal misc. bail application being S.B. Criminal Misc. Bail No. 2347/2019 preferred by petitioner Tarachand @ Kartar S/o Shri Bhadar Ram under Section 439 Cr.P.C. 2. Accordingly, the criminal misc. bail application being S.B. Criminal Misc. Bail No. 2347/2019 preferred by petitioner- Tarachand @ Kartar S/o Shri Bhadar Ram under Section 439 Cr.P.C. is dismissed as not pressed. 3. Heard learned counsel for petitioner-Smt. Laxmi W/o Tarachand @ Kartar as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record. 4. Petitioner-Smt. Laxmi W/o Tarachand @ Kartar apprehends her arrest in connection with FIR No. 427/2017 of Police Station Sangaria, District Hanumangarh for the offences punishable under Sections 302, 201, 389 and 34 IPC She has preferred S.B. Criminal Misc. Bail No. 2348/2019 under Section 438 Cr.P.C. 5. Learned counsel for petitioner-Smt. Laxmi W/o Tarachand @ Kartar has submitted that the allegation against petitioner-Smt. Laxmi W/o Tarachand @ Kartar is only to the effect that she had removed the bloodstains from the place where the other co- accused persons had allegedly assaulted the deceased, however, the same is false. It is also submitted that the similarly situated co-accused Rakesh, against whom also the allegation of removing bloodstains from the place where the deceased was assaulted and the allegation of tampering with the evidence are levelled, has already been enlarged on bail by this Court after his arrest. Learned counsel for the petitioner-Smt. Laxmi W/o Tarachand @ Kartar has submitted that petitioner-Smt. Laxmi W/o Tarachand @ Kartar is a lady and the police have interrogated her during the course of investigation, therefore, her custodial interrogation is not required. 6. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application preferred on behalf of petitioner-Smt. Laxmi W/o Tarachand @ Kartar. 7. 6. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application preferred on behalf of petitioner-Smt. Laxmi W/o Tarachand @ Kartar. 7. Having regard to the totality of the facts and circumstances of the case, after perusing the charge-sheet filed against the other co-accused persons and after taking into consideration the fact that petitioner-Smt. Laxmi W/o Tarachand @ Kartar is a lady and her involvement in assaulting the deceased is not proved, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to accused petitioner-Smt. Laxmi W/o Tarachand @ Kartar under Section 438 Cr.P.C. 8. Accordingly, the criminal misc. bail application being S.B. Criminal Misc. Bail No. 2348/2019 under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Smt. Laxmi W/o Tarachand @ Kartar in FIR No. 427/2017 of Police Station Sangaria, District Hanumangarh she shall be enlarged on bail provided she furnishes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:- (i) She shall make herself available for interrogation by Investigating Officer as and when required; (ii) She 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) She shall not leave India without the previous permission of the court.