Hakam vs State of Rajasthan

Hon''ble Ms. Justice Bela M. Trivedi Vacation Judge

The applicant has moved the present application u/s 439 Cr.P.C., seeking his release on bail in respect of the FIR being No. 117/2012 registered at Police Station Tijara, District Alwar, for the offences under Sections 379 of IPC. Heard learned counsel for the applicant and learned public prosecutor for the State and perused the relevant material placed before the court.

It has been submitted by the learned counsel for the applicant that complaint has been lodged 13 days after the alleged incident, falsely implicating the applicant because of some extraneous considerations. He has also submitted that during the course of investigation, no cash amount, as alleged, has been recovered from the applicant.

However, learned Public Prosecutor for the State has opposed the bail application and submitted that the applicant has purchased a motor bike out of the said amount of Rs. 50,000/- and same motor bike has been seized during the course of investigation.

Having considered the fact that FIR has been registered 13 days after the alleged incident and considering the nature of allegations, this court is inclined to grant bail to the applicant, without entering into the merits of the case. In view of the above, the application is allowed. The applicant named Hakam S/o. Aamin shall be released on bail in connection with FIR No. 117/2012 registered at P.S. Tijara, District Alwar, on his furnishing personal bond of Rs. 50,000/- and the two sureties of Rs. 25,000/- each of the like amount to the satisfaction of the trial court, on the following conditions:-

(a) that the applicant shall make himself available for interrogation by the Investigation Officer as and when required and shall cooperate with the investigation by the Investigation Officer;

(b) that the applicant shall not commit any offence similar to the offence of which he is accused or suspected, of the commission of which he is suspected;

(c) that the applicant 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 or temper with the evidence;

(d) that the applicant shall attend the concerned court as and when directed and found necessary;

(e) that the applicant shall not leave the territory of India without previous permission of the concerned trial court, and shall deposit the passport, if any, before the trial court;

(f) the applicant shall furnish his present correct residential alongwith the contact number before the trial court and shall also intimate the change, if any, which may take place in future to the trial court.

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