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JAI PRAKASH PALIWAL @ BANTI versus STATE

High Court of Rajasthan

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JAI PRAKASH PALIWAL @ BANTI v STATE - CRLMB Case No. 4213 of 2007 [2007] RD-RJ 4479 (11 September 2007)

S.B.CRIMINAL MISC. BAIL APPLICATION NO.4213/2007

(Jai Prakash Paliwal alias Banti vs. State of Rajasthan)

DATE OF ORDER : September 11, 2007

HON'BLE MR.H.R.PANWAR,J.

Mr.Pradeep Shah, for the petitioner.

Mr.Ashok Upadhyaya, Public Prosecutor for State.

Heard learned counsel for the petitioner and the Public

Prosecutor for the State. Perused the order impugned.

It is contended by the learned counsel for the petitioner that no injury has been assigned to the petitioner, however, the injury has been assigned to co-accused Javed, who has already been granted bail by the trial court under section 437 Cr.P.C.

Looking to the facts and circumstances of the case and having considered the oral arguments advanced by learned counsel for the parties, I consider it just and proper to grant anticipatory bail to the petitioner.

Accordingly, the bail application filed by petitioner under section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Jai Prakash Paliwal alias Banti s/o Shri

Sunder Lal in FIR No.211/2007, Police Station, Bhupalpura,

Udaipur, he shall be released on bail for a period till the police concludes the investigation and files the challan provided he furnishes a personal bond in the sum of Rs.10,000/- along with one surety of like amount to the satisfaction of Investigating

Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:-

(i)That he shall make himself available for interrogation by a police officer as and when required;

(ii)That 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 and;

(iii)That he shall not leave India without the previous permission of the Court.

The petitioner shall surrender before the trial court on the date of filing of the challan.

(H.R.PANWAR),J. m.asif/-


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