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2025 DAILYLAW 31215 (RAJ)

SHRI SOBHAGYA SINGH S/O SHRI TAKHATSINGH v. STATE OF RAJASTHAN

CRLMB/13046/2023 · 2025-03-11

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:10971] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13046/2023 Shri Sobhagya Singh S/o Shri Takhatsingh, R/o Subhash Nagar, Bhilwara Right Now Resident Of Gram Masuda Tehsil Madusa Dist. Beawar (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Pp 2. Smt. Gita Devi W/o Shri Sitaram, R/o Kanpura (Daulatpura) Police Station Masuda, (Rajasthan). ----Respondents For Petitioner(s) : Mr. Saurabh Bhandari For Respondent(s) : Ms. Arti Sharma, PP Mr. Jeevraj Bhatti, ASI, PS Masuda, Beawar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/03/2025 1. The instant pre-arrest bail application under Section 438 Cr.P.C has been filed on behalf of the petitioner, who is having apprehension of arrest in FIR No.233/2022 registered at Police Station Masuda, District Ajmer for the offences 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 essentially, there is civil dispute between the parties for which a civil suit is also pending between them. It is submitted that petitioner has joined the investigation. It is argued that custodial interrogation of the petitioner is not required in this matter. [2025:RJ-JP:10971] (2 of 2) [CRLMB-13046/2023] 3. Investigating Officer is present in person. Under his instructions, learned State Counsel submits that petitioner has joined the investigation in terms of notice issued under Section 41A of Cr.P.C. 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 especially the fact that petitioner has joined the investigation in terms of notice issued under Section 41A of Cr.P.C, 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 Masuda, District Ajmer in FIR No. 233/2022 is directed that in the event of arrest of the petitioner - Shri Sobhagya Singh S/o Shri Takhatsingh, 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 GAUTAM JAIN /15