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2025 DAILYLAW 31260 (RAJ)

MRS. SAPNA W/O SHRI RAMKUMAR v. STATE OF RAJASTHAN

CRLMB/12024/2024 · 2025-03-05

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:9866] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12024/2024 Mrs. Sapna W/o Shri Ramkumar, Aged About 35 Years, R/o A- 1/57, Block D, D-1, Bhagya Vihar, Near Murik, North West Delhi. ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Hitesh Mishra, Adv. For Respondent(s) : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/03/2025 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.495/2023 registered at Police Station Jhotwara, District Jaipur (West) for the offences punishable under Sections 406, 420, 120-B and 477-A of IPC. 2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that bare perusal of the FIR would reveal that there is commercial transactions between the parties and on account of certain disputes, present FIR has been lodged. He further submits that in the garb of criminal proceedings, complainant wants to settle the commercial dispute. It does not appear from the FIR that there was dishonest intention of the petitioner at the beginning of the transactions. Learned counsel relied upon the judgment of Hon’ble Apex Court in the case of Jay Shri & Anr. Vs. State of [2025:RJ-JP:9866] (2 of 3) [CRLMB-12024/2024] Rajasthan reported in 2024 Cr.L.R. (SC) 172. He argues that in these circumstances this anticipatory bail application should be accepted. 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 parties as also looking to the fact that nature of dispute appearing from the FIR and the observations made by the Hon’ble Apex Court in the case of Jay Shri (supra), 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 Jhotwara, District Jaipur (West) (Raj.) in FIR No.495/2023 is directed that in the event of arrest of the petitioner - Mrs. Sapna W/o Shri Ramkumar, she shall be released on bail, provided she 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 herself 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 [2025:RJ-JP:9866] (3 of 3) [CRLMB-12024/2024] (iii). that the petitioners shall not leave India without prior permission of the court. (ANIL KUMAR UPMAN),J MADAN/257