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[2025:RJ-JP:454] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5568/2024 Kamalsingh S/o Shiv Charan, Aged About 25 Years, R/o Padra (Thanpura), Police Station Mandawari, Tehsil Lalsot, District Dausa. ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jitesh Kumawat, Adv., for Mr. Pradeep Singh, Adv. For Respondent(s) : Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 03/01/2025
1. The instant pre-arrest bail application has been filed under Section 438 Cr.P.C. filed on behalf of the petitioner, who is having apprehension of arrest in FIR No.39/2024 registered at Police Station Bamanwas, District Gangapur City for the offences under Section 394 of IPC.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Learned counsel submits that the petitioner was not present at the place of incident, which is evident from the CCTV Cameras. He further submits that in terms of order dated 13.05.2024, petitioner has already joined the investigation. He contends that custodial interrogation of the petitioner is not required in this matter.
[2025:RJ-JP:454] (2 of 2) [CRLMB-5568/2024]
3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. However, he fairly concedes that the petitioner has joined the investigation.
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 the counsel for the parties and especially the fact that the petitioner has already joined the investigation, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the pre-arrest bail application.
6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Bamanwas, District Gangapur City (Raj.) in FIR No.39/2024 is directed that in the event of arrest of the petitioner - Kamalsingh S/o Shiv Charan, he shall be released on bail, provided he 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 petitioner shall make himself available for interrogation by a police officer as and when required; (ii). that the petitioner 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 him 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 MADAN/327