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Dheeraj Bhadviya Vs. State of Rajasthan & Anr.

[Criminal Appeal No. 358 of 2022 arising out of S.L.P. (Crl.) No. 5960 of 2018]

Leave granted.

This appeal challenges the judgment and order dated 05.02.2018 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Misc. Bail No.9433 of 2017.

Apprehending arrest in connection with crime registered pursuant to First Information Report No.345/2017 dated 19.08.2017 lodged with Police Station Ambamata, District Udaipur, Rajasthan, for the offence punishable under Section 306 IPC, the appellant preferred an application for anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973. The application having been rejected by the High Court, the present appeal has been preferred.

While issuing notice vide order dated 13.08.2018, the interim relief of stay of arrest was granted to the appellant, which relief the appellant has enjoyed for the last 3½ years. Consequently, without making any reflection on merits of the matter, we allow this appeal, set-aside the order passed by the High Court, and direct as under:

a) In case the appellant is arrested in connection with the aforesaid crime, the Arresting Officer shall release the appellant on bail subject to his furnishing cash security in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two like sureties.

b) The appellant shall extend complete co-operation in the ensuing investigation and in order to facilitate the investigation, the appellant shall present himself before the Investigating Officer on 14.03.2022 at 11.00 a.m. and shall continue to remain present from 11.00 a.m. to 5.00 p.m. during the entire week.

With these observations, the appeal is allowed.

........................J. (UDAY UMESH LALIT)

........................J. (S. RAVINDRA BHAT)

New Delhi,

March 07, 2022.

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