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2025 DAILYLAW 22386 (RAJ)

NANDKISHOR S/O SHAMBHU DAYAL v. STATE OF RAJASTHAN

CRLMB/7544/2024 · 2025-01-03

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:448] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7544/2024 1. Nandkishor S/o Shambhu Dayal, Resident Of Village Rajpura, Police Station Itawa, District Kota, Rajasthan. 2. Pintu S/o Shambhu Dayal, Resident Of Village Rajpura, Police Station Itawa, District Kota, Rajasthan. ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Girraj P. Sharma For Respondent(s) : Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/01/2025 1. Vide order dated, 08.07.2024 bail application qua accused- petitioner No.2 namely Pintu S/o Shambhu Dayal has already been dismissed by the co-ordinate bench of this court. 2. So far as the accused-petitioner No.1 namely Nandkishor S/o Shambhu Dayal is concerned, the instant pre-arrest bail application has been filed under Section 438 Cr.P.C. on behalf of the petitioner, who is having apprehension of his arrest in connection with FIR No.186/2024 registered at Police Station Itawa, District Kota Rural for the offences punishable under Sections 186 & 379 of IPC, Sections 9 & 15 of Wild Life (Protection) Act. 3. Learned counsel for the petitioner submits that accused- petitioner has joined the investigation in terms of order dated 08.07.2024. He further submits that there are no criminal [2025:RJ-JP:448] (2 of 3) [CRLMB-7544/2024] antecedents of the petitioner & custodial interrogation of petitioner is not required in this matter. 4. Learned State Counsel opposes the bail application, however, he fairly concedes that petitioner has joined the investigation. 5. 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 petitioner has joined the investigation & custodial interrogation of petitioner is not required in this matter, 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. 6. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Itawa, District Kota Rural in FIR No.186/2024 is directed that in the event of arrest of the petitioner – Nandkishor S/o Shambhu Dayal, 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 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 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 [2025:RJ-JP:448] (3 of 3) [CRLMB-7544/2024] (iii) that the petitioner shall not leave India without previous permission of the court. (ANIL KUMAR UPMAN), J GAUTAM JAIN /349