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2025 DAILYLAW 30185 (RAJ)

KALU S/O PRABHULAL v. STATE OF RAJASTHAN

CRLMB/11408/2024 · 2025-01-13

Praveer Bhatnagar

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Judgment text

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[2025:RJ-JP:1889] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.11408/2024 1. Kalu S/o Prabhulal, R/o New Block School Ke Paas, Jhalawar, Police Station Kotwali, Jhalawar, District Jhalawar (Raj.). 2. Ashok S/o Sajan, R/o Khanpur, Police Station Khanpur, District Jhalawar (Raj.). 3. Poonam S/o Kesrilal, R/o Khanpur, Police Station Khanpur, District Jhalawar (Raj.). 4. Ramesh S/o Sajanlal, R/o Khanpur, Police Station Khanpur, District Jhalawar (Raj.). 5. Govind S/o Badrilal, R/o Bus Stand Jhalawar, District Jhalawar (Raj.). 6. Gautam S/o Sajjan Singh, R/o Bus Stand Jhalawar, District Jhalawar (Raj.). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ajay Singh Yaduvanshi, Adv. For Respondent(s) For Complainant : : Ms. Manju Dave, PP Mr. Rajeev Singh Jhala, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 13/01/2025 1. Apprehending their arrest in connection with FIR No.367/2024, registered at Police Station Aklera, District Jhalawar for the offence(s) under Sections 74, 189(2), 126(2) AND 115(2) Of B.N.S., the accused-petitioners have preferred this criminal misc. bail application under Section 482 of B.N.S.S. [2025:RJ-JP:1889] (2 of 3) [CRLMB-11408/2024] 2. At the outset, learned counsel for the accused petitioner No.4-Ramesh son of Sajanlal states that he does not want to press the present anticipatory bail application qua petitioner No.4- Ramesh son of Sajanlal. 3. The instant anticipatory bail application qua the accused- petitioner No.4-Ramesh son of Sajanlal stands dismissed as not pressed. 4. In the matter of remaining accused-petitioners, it is not alleged against them that they outraged the modesty of the prosecutrix rather it is only alleged against them that they assaulted the prosecutrix. The injuries sustained to the prosecutrix are neither grievous nor dangerous to life. The remaining accused- petitioners are ready and willing to co-operate with the investigation, therefore, the anticipatory bail application of the remaining accused-petitioners may be allowed. 5. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the grant of anticipatory bail application. It is contended by learned counsel for the complainant that the prosecutrix in her statement rendered under Section 183 of B.N.S.S., implicated the other accused Poonam & Ramesh for the offence of outraging the modesty, therefore, the anticipatory bail application of the accused-petitioners may be dismissed. 6. Heard and perused the material available on the record. 7. Considering the fact that in the FIR the allegations of outraging the modesty of the prosecutrix is levelled against the accused-petitioner Ramesh, and there are no specific allegation against the other co-accused, without further expressing anything [2025:RJ-JP:1889] (3 of 3) [CRLMB-11408/2024] on the merits of the case, I deem it just and proper to allow the anticipatory bail application of the accused-petitioners namely; 1. Kalu S/o Prabhulal, 2. Ashok S/o Sajan, 3. Poonam S/o Kesrilal, 4. Govind S/o Badrilal and 5. Gautam S/o Sajjan Singh. 8. Accordingly, the anticipatory bail application qua petitioner Nos.1. Kalu S/o Prabhulal, 2. Ashok S/o Sajan, 3. Poonam S/o Kesrilal, 5. Govind S/o Badrilal and 6. Gautam S/o Sajjan Singh. under Section 482 of B.N.S.S. is allowed and it is ordered that in the event of arrest of the petitioners namely; 1. Kalu S/o Prabhulal, 2. Ashok S/o Sajan, 3. Poonam S/o Kesrilal, 4. Govind S/o Badrilal and 5. Gautam S/o Sajjan Singh, in connection with FIR No.367/2024, registered at Police Station Aklera, District Jhalawar, they shall be released on bail, provided they 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 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 her 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. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-211