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[2025:RJ-JP:4083] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7614/2024
1. Ramendra S/o Samay Singh, Aged About 30 Years, R/o Kharetpura, Police Station, Masalpur, District Karauli (Rajasthan)
2. Bhupendra S/o Samay Singh, Aged About 31 Years, R/o Kharetpura, Police Station, Masalpur, District Karauli (Rajasthan)
3. Pramod @ Pintu S/o Heera Singh, Aged About 29 Years, R/o Kharetpura, Police Station, Masalpur, District Karauli (Rajasthan) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Ms. Arti Sharma, PP Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 29/01/2025
1. The instant pre-arrest bail application has been filed under Section 438 Cr.P.C. filed on behalf of the petitioners, who are having apprehension of arrest in FIR No.48/2024 registered at Police Station Gadhi Bajana, District Bharatpur for the offences under Sections 147, 148, 323, 341, 342 & 379 of IPC.
2.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Counsel submits that initially, FIR was registered for the bailable offences punishable under Sections 147, 148, 323, 341, 342 & 379 of IPC but without
[2025:RJ-JP:4083] (2 of 3) [CRLMB-7614/2024] any evidence, during the course of investigation, non-bailable offence punishable under Section 365 of IPC has been added. It is submitted that on earlier occasion, an FIR was lodged by the brother of petitioner No.3 against the complainant party for the offence punishable under Section 307 of IPC wherein they were arrested and charge-sheeted. In order to make pressure, impugned FIR has been lodged against the petitioners. Counsel contends that petitioners have already joined the investigation in terms of order dated 03.01.2025. Custodial interrogation of the petitioners is not required in this matter.
3. Learned Public Prosecutor oppose the submissions made by the counsel for the petitioners, however, learned State counsel fairly concedes that the petitioners have 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 petitioners and especially the fact that petitioners have 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 Gadhi Bajana, District Bharatpur in FIR No.48/2024 is directed that in the event of arrest of the petitioners – (1) Ramendra S/o Samay Singh, (2) Bhupendra S/o Samay Singh, (3) Pramod @ Pintu S/o Heera Singh, they shall be released on bail, provided each of them shall furnish a personal bond in the sum of Rs.50,000/- with
[2025:RJ-JP:4083] (3 of 3) [CRLMB-7614/2024] 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; (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 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 CHARU SONI /247