Hinglajdan And Ors vs State

S.B. Criminal Miscellaneous Bail Application No. 9483/2020:

Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus

(COVID-19).

The matter comes upon an application for correction in the name of the petitioner's father.

For the reasons mentioned in the application, the same is allowed. The name of the petitioner's father be read as Ramdan instead of Aaidan. Amended cause title already filed is taken on record.

The present application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with F.I.R. No.65/2016, Police Station Sangad, District Jaisalmer for the offences under Sections 420, 467, 468, 471 and 120-B of IPC.

Learned counsel for the petitioner submits that he does not want to press the instant bail application qua the petitioner No.1 Hinglajdan at this stage.

Hence, the bail application filed under Section 438 Cr.P.C. qua the petitioner No.1 is dismissed as not pressed at this stage.

However, it is submitted on behalf of the petitioner No.1 that the petitioner No.1 is ready to surrender before the concerned Court and prays that direction may be issued to the trial Court to consider his bail application on the same day.

Accordingly, it is directed that if the petitioner No.1 surrenders before the trial Court and applies for regular bail, the learned trial Court shall consider his bail application preferably on the same day in accordance with Law.

So far as the petitioner No.2 is concerned, learned counsel for the petitioner No.2 submits that similarly situated co-accused Smt. Kanchan , Smt. Jam Kanwar and Smt. Geeta Kanwar have been enlarged on anticipatory bail by a coordinate bench of this Court vide order dated 19/11/2018. The case of the present petitioner is not distinguishable from the co-accused who have been enlarged on anticipatory bail.

The learned Public Prosecutor opposes the bail. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced & and also considering the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner No.2 Smt. Dhel Kanwar under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner No.2 Smt. Dhel Kanwar W/o Shri Ramdan, in connection with F.I.R. No.65/2016, Police Station Sangad, District Jaisalmer, the petitioner 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.

S.B. Criminal Miscellaneous Bail Application No. 8496/2020 The present application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R.

No.65/2016, Police Station Sangad, District Jaisalmer for the offences under Sections 420, 467, 468, 471 and 120-B of IPC.

Heard. Perused the material available on record.

Learned Public Prosecutor has vehemently opposed the bail application.

Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend the benefit under Section 438 Cr.P.C. to the petitioner. Accordingly, the application preferred by the petitioner under Section 438 Cr.P.C. is hereby rejected.

However, it is submitted on behalf of the petitioner that petitioner is ready to surrender before the concerned court, which may consider his bail application on the same day.

Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the petitioner Ugam Dan S/o Shri Ramdan Adopted Son Of Shri Vijay Dan surrenders before the trial Court on or before 29/01/2021 and files a bail application there, the Court concerned shall consider his bail application preferably on the same day in accordance with law.