MUBARAK ALI S/O SHRI SHER KHAN v. STATE OF RAJASTHAN
CRLMB/10875/2024 · 2025-01-23
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 29306 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29306 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:3474] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10875/2024 Mubarak Ali S/o Shri Sher Khan, Aged About 49 Years, R/o 2-D- 20, Chhatrapura Talab, Kali Ma Ka Mandir, Kota At Present R/o Annatpura Tejaji Ka Chok, Kota (Raj.) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Shamsuddin Ansari, Adv. 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 482 BNSS on behalf of the petitioner, who is having apprehension of arrest in FIR No.210/2024 registered at Police Station Kotwali Bundi, District Bundi for the offences punishable under Sections 420, 406 of IPC.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Learned counsel submits that in fact, son of the petitioner and son of the complainant were doing business of the furniture. He has invited attention of this Court towards their banking transactions which show that number of times, online payments were made in favour of the complainant’s son. He further submits that the aforesaid business transactions have been given colour of criminal offence while alleging that the petitioner received money from the complainant
[2025:RJ-JP:3474] (2 of 3) [CRLMB-10875/2024] for securing government job to her sons. He argues that in terms of order dated 19.12.2024, the petitioner has already joined the investigation. He further argues that entire evidence is based on documents and same are in possession of the Investigating Agency. He contends that maximum sentence for the alleged offences is seven years and custodial interrogation of the petitioner is not required in this matter. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. However, he fairly concedes that the petitioner has been interrogated by the Investigating Agency. 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 and especially the fact that the petitioner has already 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 Kotwali Bundi, District Bundi (Raj.) in FIR No.210/2024 is directed that in the event of arrest of the petitioner -Mubarak Ali S/o Shri Sher Khan, 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 their satisfaction on the following conditions:- (i). that the petitioner shall make himself available for interrogation by a police officer as and when required;
[2025:RJ-JP:3474] (3 of 3) [CRLMB-10875/2024] (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 him 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.
(ANIL KUMAR UPMAN),J MADAN/289