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2025 DAILYLAW 30658 (RAJ)

KOMALSINGH S/O AMRATLAL v. STATE OF RAJASTHAN

CRLMB/11663/2024 · 2025-03-27

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:14214] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11663/2024 Komalsingh S/o Amratlal, R/o Peepalkhedi Khurd Police Station Mragwaas District Guna (MP) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/03/2025 1. The instant pre-arrest bail application has been filed under Section 482 BNSS filed on behalf of the petitioner, who is having apprehension of arrest in FIR No.149/2024 registered at Police Station Jawar, District Jhalawar for the offences under Sections 189(2), 308(2), 140(3) & 127(2) of BNS. Investigation is being conducted for offences punishable under Sections 323, 341, 504, 506 & 308 of IPC. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that main accused of this has already been granted benefit of regular bail by learned trial court. It is submitted that petitioner is not named in the FIR. Learned counsel contends that police wants to arrest the petitioner solely on the basis of interrogation of co-accused. Custodial interrogation of the petitioner is not required in this matter as no recovery is required to be made from the petitioner. [2025:RJ-JP:14214] (2 of 2) [CRLMB-11663/2024] 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 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 petitioner and as also considering the material available before me in the form of case diary, 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 Jawar, District Jhalawar in FIR No. No.149/2024 is directed that in the event of arrest of the petitioner - Komalsingh S/o Amratlal, 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; (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 CHARU SONI /301