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2020 DIGILAW 101 (RAJ)

Radha Devi v. State of Rajasthan

2020-01-09

VINIT KUMAR MATHUR

body2020
JUDGMENT Vinit Kumar Mathur, J. - This application for anticipatory bail has been filed by the applicants apprehending their arrest in connection with F.I.R. No.340/2019, Police Station Mandor, District Jodhpur for the offences under Sections 323, 341, 336 & 308/34 IPC. 2. Heard learned counsels for the parties. Perused the material available on record. 3. Learned counsel for the applicants at the out set submits that he does not wish to press the present anticipatory bail applications qua petitioner No. 2 & 3 namely Rajendra & Narendra @ Virendra respectively. However, he submits that the applicant Nos. 2 & 3 are ready to surrender before the concerned court, which may consider their bail application on the same day. 4. Accordingly, the bail application qua applicant Nos. 2 & 3 is dismissed as not pressed. However, taking into consideration the facts and circumstances of the present case and in the interest of justice, it is directed that if the applicant Nos. 2 & 3 namely Rajendra S/o. Late Brhamn Singh & Narendra @ Virendra S/o. Late Brhamn Singh surrender before the trial Court on or before 16.01.2020 and file a bail application, the concerned trial Court shall consider their bail application preferably on the same day in accordance with law. 5. So far as the applicant No.1 Radha Devi is concerned, it is submitted by the learned counsel for the applicant that the applicant- Radha Devi is falsely implicated in the present case and no injury has been assigned to Radha Devi. 6. Learned Additional Advocate General-cum-Government Advocate assisted by learned Public Prosecutor opposed the bail application. 7. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that applicant No.1 Radha Devi is a lady of 60 years old, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the applicant No.1 Radha Devi. 8. 7. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that applicant No.1 Radha Devi is a lady of 60 years old, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the applicant No.1 Radha Devi. 8. Accordingly, the bail application under Section 438 Cr.P.C qua applicant No.1 Radha Devi is allowed and it is directed that in the event of arrest of applicant- Radha Devi W/o Late Shri Brhamn Singh in connection with F.I.R. No.340/2019, Police Station Mandor, District Jodhpur, the applicant shall be released on bail; provided she furnishes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :- (I) that the petitioner shall make herself available for interrogation by a police officer as and when required; (ii) that the petitioner 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 petitioner shall not leave India without previous permission of the court.