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[2025:RJ-JP:3464] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5723/2024
1. Rakesh S/o Sh. Prahlad, Aged About 32 Years, R/o Niwariya, P.s. Dooni, Distt. Tonk (Raj.)
2. Parmeshwar S/o Sh. Nathuram, Aged About 37 Years, R/o Sangrampura, P.s. Dooni, Distt. Tonk (Raj.) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Praveen Kumar Jain For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 23/01/2025
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 connection with FIR No.176/2023 registered at Police Station Dooni, District Tonk for the offences punishable under Sections 143, 332 & 353 of IPC & Section 3 of Prevention of Damage to Public Property Act.
2.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He submits that petitioners have joined the investigation in terms of order dated
31.07.2024. Counsel submits that co-accused person of this case has been granted benefit of bail by the learned trial court. It is submitted that there is no allegation against the petitioners of
[2025:RJ-JP:3464] (2 of 3) [CRLMB-5723/2024] misusing the liberty of interim bail. Counsel further submits that custodial interrogation of petitioners is not required in this matter.
3. Learned State Counsel opposes the bail application, however, learned State Counsel fairly concedes that as per investigation report, petitioners have joined the investigation.
4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the totality of facts and circumstances of the case, especially the fact that petitioners have joined the investigation in terms of order dated 31.07.2024 passed by co-ordinate bench of this court & co-accused person of this case has been granted bail by the learned trial court, but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to allow this anticipatory bail application.
5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Dooni, District Tonk in FIR No.176/2023 is directed that in the event of arrest of the petitioners – 1) Rakesh S/o Sh. Prahlad & 2) Parmeshwar S/o Sh. Nathuram, 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 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
[2025:RJ-JP:3464] (3 of 3) [CRLMB-5723/2024] 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 GAUTAM JAIN /279