Amar Singh vs State Of Rajasthan

In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

Heard learned counsel for the parties and also perused the material on record.

The petitioner apprehends his arrest in connection with FIR No.230/2019 of Police Station Badisadri, District Chittorgarh for the offences punishable under Sections 307, 447/34 IPC and Section 4/25 of Arms Act. He has preferred this anticipatory bail application under Section 438 Cr.P.C.

The bail applications under Section 439 Cr.P.C. of the other co-accused namely Arjun Singh, Rajendra Singh @ Lakhi @ Jeevan and Suraj Singh @ Surya Singh have been allowed by a coordinate Bench of this Hon'ble Court vide order dated 20.05.2020 passed in S.B. Criminal Misc. Bail Application Nos. 4593/2020 and 4596/2020 respectively, which reads as follows:

"Heard learned counsel for the petitioners Mr. Deepak Menaria, Mr. Sudheer Saruparia and learned counsel for the complainant Mr. Pritam Solanki through Jitsi Meet App as well as learned Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.230/2019 of Police Station Badi Sadari, District Chittorgarh for the offences punishable under Sections 307 and 447/34 IPC and Section 4/25of Arms Act. They have preferred these bail applications under Section 439 Cr.P.C.

It is submitted by learned counsel for the petitioners Mr.Deepak Menaria and Mr. Sudheer Saruparia through Jitsi Meet App that cross cases have been registered in relation to the very same incident and now the compromise has been arrived at between the parties.

Learned Public Prosecutor has opposed the bail applications.

The factum of compromise arrived at between the parties has been verified by learned counsel for the complainant Mr. Pritam Solanki through Jitsi Meet App.

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 bail to the accused petitioners under Section 439 Cr.P.C.

Accordingly, these bail applications filed under Section 439Cr.P.C. are allowed and it is directed that petitioners - Arjun Singh S/o Shiv Singh Baghela, Rajendra Singh @ Lakhi @ Jeevan S/o Jagat Singh Vagela and Suraj Singh @ Surya Singh S/o Jagat Singh Vagela shall be released on bail in connection with FIR No.230/2019 of Police Station Badi Sadari, District Chittorgarh provided each of them executes a personal bond in a sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioners shall be released on bail upon furnishing the personal bonds. They may furnish requisite sureties by 05th June,2020 to the satisfaction of the learned trial court.

The petitioners shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, they fail to furnish surety bonds by the stipulated time, the instant order will come to an end automatically."

In the aforequoted order, this Hon'ble Court has recorded the factum of compromise between the parties.

Today also, learned counsel for the complainant vouches for the same compromise.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C.

Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner Amar Singh S/o Lalit Singh in FIR No.230/2019 of Police Station Badisadri, District Chittorgarh he shall be enlarged on bail provided he 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) He shall make himself available for interrogation by Investigating Officer as and when required;

(ii) He 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) He shall not leave India without the previous permission of the court.