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Supreme Court of India

DHEERAJ BHADVIYA vs THE STATE OF RAJASTHAN on 7 March, 2022

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2022 INSC 271Crl.A. No.-000358-000358 - 2022Official PDFAuthor HON'BLE THE CHIEF JUSTICEBench Shripathi Ravindra Bhat, Sarasa Venkatanarayana BhattiAdvocates VIVEK GUPTA
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.358 OF 2022
(Arising out of SLP (Crl.) No.5960 of 2018)
DHEERAJ BHADVIYA Appellant
VERSUS
STATE OF RAJASTHAN & ANR. Respondents
O R D E R

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

Digitallyreliefsigned by Dr. of stay of arrest was granted to the appellant, which relief Mukesh Nasa

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.

New Delhi, March 07, 2022.