Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.10956/2024 Khurshid S/o Shri Mormal, aged about 53 Years, R/o Hajibas, Raghunathgarh, Tehsil Ramgarh, District Alwar (Raj.) ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Naresh Kumar Gupta, PP JUSTICE ANOOP KUMAR DHAND
Order 13/02/2025
1. This instant anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.449/2023, registered with Police Station Kotwali Alwar, District Alwar for the offences under Sections 420 and 120-B IPC (after investigation under Sections 420, 467, 468, 471 and 120-B IPC).
2.
Learned counsel for the petitioner submits that the petitioner is simply an attesting witness of Will and he is not a beneficiary. Counsel submits that the petitioner has already appeared before the Investigating Officer for the purpose of his interrogation as per the directions issued by this Court and his interrogation has already been done by the Investigating Officer, hence, under these circumstances, custodial investigation is not required, therefore, indulgence of anticipatory bail be granted to the petitioner.
(2 of 2) [CRLMB-10956/2024]
3. Per contra, learned Public Prosecutor opposes the prayer for anticipatory bail.
4. Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that the petitioner is an attesting witness of Will and he is not a beneficiary and his interrogation has already been done by the Investigating Officer, and now, his custodial arrest is not required for any further interrogation/ investigation and without making any comments on the merits and demerits of the case, this Court is of the opinion to grant anticipatory bail to the petitioner under Section 482 BNSS.
5. Accordingly, the instant anticipatory bail application is allowed and it is directed that in the event of arrest of petitioner Khurshid S/o Shri Mormal in connection with FIR No.449/2023 registered Police Station Kotwali Alwar, District Alwar, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. 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 (iii). that the petitioner shall not leave India without previous permission of the court.
(ANOOP KUMAR DHAND),J KuD/2