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2025 DAILYLAW 20604 (RAJ)

LAXMI DEVI W/O SHRI RADHEY SHYAM v. STATE OF RAJASTHAN

CRLMB/6554/2024 · 2025-01-13

Praveer Bhatnagar

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Judgment text

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[2025:RJ-JP:1843] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6554/2024 Laxmi Devi W/o Shri Radhey Shyam, Aged About 25 Years, Presently Sarpanch, Gram Panchayat Ratanpur (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, Pp HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 13/01/2025 1. Apprehending her arrest in connection with FIR No.61/2023, registered at Police Station Baseri, District Dholpur for the offence(s) under Sections 166, 409, 477 and 420 of IPC, the accused-petitioner has preferred this criminal misc. bail application under Section 438 of Cr.P.C. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is argued that the accused-petitioner being Sarpanch of Gram Panchayat Ratanpur, while acting upon the report of the patwari and revenue authority, opened mutation in favour of Shivnath, Rajaram and Ghanshyam. It is also argued that the accused- petitioner was not aware that the stay order was already in force. It is contended that prior to this FIR, another FIR was lodged bearing No.353/2022, registered at Police Station Baseri, by Rajaram alleging the same facts and the Police has submitted the [2025:RJ-JP:1843] (2 of 3) [CRLMB-6554/2024] negative final report. The accused-petitioner is not the actual beneficiary to the alleged sale executed between the parties and custodial interrogation of the accused-petitioner is not required. The accused-petitioner has joined the investigation as per the direction of this Court vide order dated 26.09.2024, therefore, the anticipatory bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposes the anticipatory bail application of the accused-petitioner and submitted the factual report, same is taken on record. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case, considering the above facts and taking into note that custodial interrogation of the accused-petitioner is not required, I deem it just and proper to allow the anticipatory bail application of the accused-petitioner. 6. Accordingly, the anticipatory bail application under Section 438 of Cr.P.C. is allowed and it is ordered that in the event of arrest of the petitioner-Laxmi Devi W/o Shri Radhey Shyam, in connection with FIR No.61/2023, registered at Police Station Baseri, District Dholpur she shall be released on bail, provided she 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 petitioner shall make herself available for interrogation by a police officer as and when required; [2025:RJ-JP:1843] (3 of 3) [CRLMB-6554/2024] (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 her from disclosing such facts to the court or any police officer, and (iii) that the petitioner shall not leave India without previous permission of the court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-174