Arvind Kumar Gupta Vs. State of Rajasthan

criminal procedure code, 1973 - section 438--anticipatory bail--offence under section 304b--bride making statement under section 164 cr.p.c. that she caught fire while cooking food--anticipatory bail granted.;bail granted - labour & servicesappointment: [shiv kumar sharma, ashok parihar & k.s. rathore, jj] merit list rajasthan secondary education act (42 of 1957), section 28 & rajasthan board of secondary education rules, rule 20 - held, improved marks obtained by candidate after re-appearing in examination can be considered for drawing the merit list of candidate for appointment to post of teacher. circular issued by the director of primary & secondary education ousting such candidate from consideration in merit list is illegal and without jurisdiction.a.k. singh, j.1. heard the learned counsel for the petitioner and the learned pp and perused the case diary. the certified copy of statement of smt. indu agarwal recorded by the magistrate under section 164 cr.p.c. has also been filed.2. the learned pp has admitted that only the statement of smt. indu agarwal was recorded by the magistrate. in her statement smt. indu agarwal has stated that she was cooking food in the kitchen when she was burnt and no person was responsible for her burning.3. in view of the statement of smt. indu agarwal recorded under section 164 cr.p.c, it appears just and proper to grant bail to the petitioner under section 438 cr.p.c.4. accordingly, this application is allowed and it is directed that in the event of arrest of arvind kumar gupta, he shall be released on bail on his furnishing two sureties in the sum of rs. 5000/- each with personal bond in the sum of rs. 10,000/- (rupees ten thousand only) each to the satisfaction of the i.o. concerned.5. during the period he remains on bail under this order, he shall make himself available to the investigating officer for investigation. he is further directed not to make any attempt to tamper with any witness/evidence as may be available to the prosecution during investigation. this order shall remain operative upto the date when the report under section 173 cr.p.c. may be filed in the court, which took the offence and another time of fifteen (15) days so that the petitioner may move necessary application for grant of bail. the bail application stands disposed of accordingly.6. copy of this order may be sent to the concerned police station as also to the chief judicial magistrate, ajmer for information and necessary compliance.