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2025 DAILYLAW 11861 (RAJ)

FARRU ALIAS FARUKH S/O MULLI @ SHAUKIN v. STATE OF RAJASTHAN

CRLMB/4211/2025 · 2025-03-25

Praveer Bhatnagar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:13580] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.4211/2025 1. Farru Alias Farukh S/o Mulli @ Shaukin, R/o Village Noganva, Police Station Jurhara, District Deeg, Rajasthan. 2. Saikul Khan S/o Sultan, R/o Village Noganva, Police Station Jurhara, District Deeg, Rajasthan. ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ankit Khandelwal, Adv. For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 25/03/2025 1. Apprehending their arrest in connection with FIR No. 40/2025, registered at Police Station Jurhara, District Bharatpur for the offence under Sections 319(2), 318(4), 338, 336(3), 340(2), 111(6), 317(5), 303(2), 308(2), 313 and 61(2)(a) of BNS and Section 66-D of IT Act, the accused-petitioners have preferred this criminal misc. bail application under Section 482 of B.N.S.S. 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. It is argued that the main allegation is against the other co-accused, from whose possession several Mobile Phones, Sim Cards and ATM Cards were recovered. The other co-accused named the present petitioners in the alleged crime. The accused-petitioners have not used any Mobile phones for creating fake IDs and sending obscene videos, custodial interrogation of the accused-petitioners are not [2025:RJ-JP:13580] (2 of 3) [CRLMB-4211/2025] required. The alleged offences are exclusively triable by Magistrate and the accused-petitioners are ready and willing to co-operate with the investigation, therefore, the anticipatory bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of anticipatory bail application. 4. Heard and perused the material available on the record. 5. Considering the fact that the recovery of Mobile Phones, Sim Cards and ATM Cards were effected from the other co-accused and they have already been enlarged on anticipatory bail. Apart from the disclosure statements of the other co-accused, there are no other substantive evidence available on record indicating the fact that the petitioners in connivance with the other co-accused created false ID and deceived the public at large. The custodial interrogation of the accused-petitioners are not required and the accused-petitioners are ready and willing to co-operate with the investigation, therefore, without expressing anything on the merits of the case, I deem it just and proper to allow the instant anticipatory bail application of the accused-petitioners. 6. Accordingly, the anticipatory bail application under Section 482 of B.N.S.S. is allowed and it is ordered that in the event of arrest of the accused-petitioners namely; 1. Farru Alias Farukh S/o Mulli @ Shaukin and 2. Saikul Khan S/o Sultan, in connection with FIR No.40/2025, registered at Police Station Jurhara, District Bharatpur, they shall be released on bail, provided both of them furnish a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to [2025:RJ-JP:13580] (3 of 3) [CRLMB-4211/2025] the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the petitioners shall make themselves available for interrogation by a police officer as and when required; (ii) that the petitioners 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 them from disclosing such facts to the court or any police officer, and (iii) that the petitioners shall not leave India without previous permission of the court. (iv) that the petitioners would submit their Mobile Phones and Sim Cards before the Investigating Agency, if the petitioners fails to submit their Mobile Phones and Sim Cards then the anticipatory bail will stand cancelled. (v) The accused-petitioners are also directed to mark their presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused- petitioners to the trial Court, every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioners for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-70