MAGHARAM SUTHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.293/2020, Police Station Kotgate, District Bikaner for the offences under Ss. 452, 341, 323, 504, 34 of IPC. Learned counsel for the petitioner submits that all the offences are bailable except offence under Sec. 452 of IPC, which is non-bailable and the notice under Sec. 41 of Cr.P.C. has already been issued to the present petitioner, therefore, no useful purpose would be served by sending the petitioner behind the bars for indefinite time. Thus, the petitioner may be released on anticipatory bail. Learned Public Prosecutor and counsel for the complainant vehemently opposed the prayer for anticipatory bail. Heard the learned counsel for the parties and perused the impugned order.

(2.) Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar and from the perusal of the case diary it is clear that the notice under Sec. 41 Cr.P.C. has been given to the present petitioner. In these circumstances, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Sec. 438 Cr.P.C. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Magharam Suthar S/o Late Anantlal in connection with FIR No.293/2020, Police Station Kotgate, District Bikaner, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.1,00,000.00 along with two sureties of Rs.50,000.00 each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-