High CourtsSingle Bench(2020) 04 RAJ CK 0040

Mahavir Prasad Mali vs State Of Rajasthan, Through Pp

Rajasthan High Court · Decided on 24 April 2020

HON’BLE JUDGES
Sanjeev Prakash Sharma, J
CASE NUMBER
Criminal Miscellaneous Bail Application No.2496 Of 2020

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Judgment

17 paragraphs · 317 words

This bail application has been filed under Section 438 CrPC. in connection with FIR No.16/2020 registered at Police Station Adarsh Nagar, Ajmer for

the offences under Section(s) 143, 332, 353 IPC whereupon the investigation was commenced. Apprehending his arrest, the petitioner moved the bail

application before the court below, which were dismissed. Hence, the bail application has been filed.

Learned counsel for the petitioner submits that the incident took place in ignorance of the officials being corrupted with the police. All of them were in

civil uniform and there was no intention to cause interference in the Government functioning. Learned counsel submits that the petitioner surrendered

and has been arrested in the case relating to allegations levelled against him in Orissa.

On the other hand, learned Public Prosecutor has opposed the bail application.

Looking into the allegations levlled against the petitioner and after taking into consideration rival submissions of the parties, without expressing any

opinion on merits of the case which may otherwise affect outcome of the trial, I allow this bail application under Section 438 Cr.P.C.

Therefore, the SHO of the Police Station, Adarsh Nagar, Ajmer is directed that in the event of arrest of the petitioner namely, Mahavir Prasad Mali

S/o Shri Laxmichand he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.20,000/- with one surety in the like amount to

his satisfaction 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 previous permission of the court.

(iv) He shall not commit same and similar offence during the period of bail.