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2025 DAILYLAW 31397 (RAJ)

ANKUR S/O HEMRAJ v. STATE OF RAJASTHAN

CRLMB/12097/2024 · 2025-03-05

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:9876] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12097/2024 1. Ankur S/o Hemraj, 2. Ankit S/o Hemant Kumar, Both R/o Gram Sanmanpura, Tehsil Pipalda, Police Station Khatoli, District Kota (Raj.) ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 12098/2024 1. Pushpabai @ Dayal Bai W/o Hemraj, 2. Hemraj S/o Hemant S/o Ballabh, 3. Ashish S/o Hemraj, All are R/o Gram Sanmanpura, Police Station Khatoli, Tehsil Pipalda, District Kota (Raj.) ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Asgar Khan, Adv. For Respondent(s) For Complainant(s) : : Mr. M.S. Shekhawat, PP and Mr. Shiv Prakash Dhanera, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/03/2025 1. Learned counsel for the petitioners wants to withdraw the present bail application to the extent of accused-petitioner- Hemraj S/o Hemant S/o Ballabh filed under Section 482 BNSS. 2. Accordingly, this criminal misc. bail application is dismissed as withdrawn qua accused-petitioner Hemraj S/o Hemant S/o Ballabh. 3. However, petitioner- Hemraj S/o Hemant S/o Ballabh is given liberty to surrender before the trial Court on or before 20.03.2025 and move a regular bail application which is to be filed before [2025:RJ-JP:9876] (2 of 3) [CRLMB-12097/2024] 12:00 noon of working day. The concerned Court is directed to consider and try to decide it on the same day in accordance with law. 4. So far as accused-petitioners i.e. Ankur, Ankit, Pushpabai @ Dayal Bai and Ashish are concerned, they have preferred these instant pre-arrest bail applications under Section 482 BNSS, as they are having apprehension of arrest in FIR No.369/2023 registered at Police Station Khatoli, District Kota Rural for the offences punishable under Sections 341, 323, 143, 308 and 504 of IPC. 5. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. He submits that there is no specific allegation against the petitioners of causing any grievous injury on the person of the injured- Babu Lal and same has been attributed to co-accused namely- Hemraj. It is submitted that cross-cases have been registered between the parties and other accused persons of this case have already been granted benefit of anticipatory bail by this Court. There are no criminal antecedents against the petitioners and custodial interrogation of the petitioners is not required in this matter. 6. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioners. It is submitted that petitioners are duly named in the FIR and they have actively participated in commission of crime. 7. I have considered the contentions. [2025:RJ-JP:9876] (3 of 3) [CRLMB-12097/2024] 8. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by counsel for the parties so also considering the fact that allegation of causing grievous injury on the person of injured namely- Babu Lal has been attributed to the co-accused namely- Hemraj; absence of criminal antecedents, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these anticipatory bail applications. 9. These anticipatory bail applications are partly allowed. The S.H.O/I.O/Arresting Officer, Police Station Khatoli, District Kota Rural (Raj.) in FIR No.369/2023 is directed that in the event of arrest of the petitioners – 1. Ankur S/o Hemraj, 2. Ankit S/o Hemant, 3. Pushpabai @ Dayal Bai W/o Hemraj and 4. Ashish S/o Hemraj, they shall be released on bail, provided each of them 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 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 him from disclosing such facts to the court or any police officer, and (iii). that the petitioners shall not leave India without prior permission of the court. (ANIL KUMAR UPMAN),J MADAN/258-259