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2025 DAILYLAW 27877 (RAJ)

PAWAN S/O MOOLI v. STATE OF RAJASTHAN

CRLMB/10184/2024 · 2025-01-23

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:3471] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10184/2024 1. Pawan S/o Mooli, Aged About 25 Years, 2. Chaturbhuj S/o Siri, Aged About 55 Years, Both R/o Thanadang, Police Station Gadhibajna, District Bharatpur. ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Yogesh Singhal, Adv. For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025 1. The instant pre-arrest bail application has been filed under Section 482 BNSS filed on behalf of the petitioners, who are having apprehension of arrest in FIR No.14/2024 registered at Police Station Gadhi Bajana, District Bharatpur for the offences punishable under Sections 147, 323, 341, 379, 504 and 420 of IPC. Investigation is being conducted for the offences punishable under Sections 420 and 406 of IPC. 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Learned counsel submits that the petitioners have already joined the investigation in terms of order dated 19.12.2024 and entire evidence based on documents and same are in possession of the Investigating [2025:RJ-JP:3471] (2 of 3) [CRLMB-10184/2024] Agency. He contends that custodial interrogation of the petitioners is not required in this matter. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioners. However, he fairly concedes that the petitioners have already 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, especially the fact that the petitioners have already joined the investigation in terms of order dated 19.12.2024 as also looking to the fact that dispute arose between the parties, when petitioners did not come forward to execute the sale deed in favour of the complainant in pursuance of agreement to sell, 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 (Raj.) in FIR No.14/2024 is directed that in the event of arrest of the petitioners – 1. Pawan S/o Mooli and 2. Chaturbhuj S/o Siri, 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 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 [2025:RJ-JP:3471] (3 of 3) [CRLMB-10184/2024] 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/285