[2025:RJ-JP:8740] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5531/2024 1. Lalli Ram Saini S/o Jangli Ram, Aged About 70 Years, R/o Village Morkhya Ka Baas, Barkheda, Police Station Malakheda, District Alwar (Rajasthan) 2. Ramswaroop Saini S/o Jangli Saini, Aged About 64 Years, R/o Village Barkheda, Police Station Malakheda, District Alwar (Rajasthan). ----Petitioners Versus 1. State Of Rajasthan, Through Pp 2. Janak Singh S/o Ramjilal, Aged About 51 Years, R/o Village Mundiya, Tehsil Malakheda, Alwar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Bhawani Saini for Mr. Vishivas Saini For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/02/2025 1. The instant pre-arrest bail application has been filed under Section 438 Cr.P.C., on behalf of the petitioners, who are having apprehension of their arrest in FIR No.28/2024 registered at Police Station Malakhera, District Alwar for the offences punishable under Sections 143, 323, 341, 452 & 365 of IPC. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that alleged offences are triable by Magistrate. Counsel further submits that in pursuance of order dated 31.05.2024 passed by the co-ordinate bench of this court, [2025:RJ-JP:8740] (2 of 3) [CRLMB-5531/2024] petitioners have joined the investigation. Learned counsel further submits that custodial interrogation of the petitioners is not required in this matter. 3. Learned State Counsel opposes the bail application. He submits that petitioners are duly named in FIR & they actively participated in commission of crime. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by counsel for the parties and especially the fact that alleged offences are triable by Magistrate; vide order dated 31.05.2024 petitioners were granted interim relief and there is no allegation against them of misusing the liberty; petitioners have joined the investigation; looking to the role attributed to the petitioners, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. The anticipatory bail application is allowed. 6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Malakhera, District Alwar in FIR No.28/2024 is directed that in the event of arrest of the petitioners- 1) Lalli Ram Saini S/o Jangli Ram & 2) Ramswaroop Saini S/o Jangli Saini, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to their satisfaction on the following conditions:- (i). that the petitioners shall make themselves available for interrogation by a police officer as and when required; [2025:RJ-JP:8740] (3 of 3) [CRLMB-5531/2024] (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. (ANIL KUMAR UPMAN),J GAUTAM JAIN /233