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2025 DAILYLAW 31971 (RAJ)

RAMESH CHAND PUSHPAD S/O SHRI MANGI LAL v. STATE OF RAJASTHAN

CRLMB/12762/2024 · 2025-03-27

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:15676] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12762/2024 Ramesh Chand Pushpad S/o Shri Mangi Lal, Aged About 61 Years, R/o Jhalrapatan, Distti. Jhalawar. ----Petitioner Versus State Of Rajasthan, Through The Learned PP ----Respondent For Petitioner(s) : Mr. Tanveer Ahmad with Mr. Aditya Bhatt For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/03/2025 1. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record. 2. This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.346/2024, registered at Police Station Jhalrapatan, District Jhalawar (Raj.) for offence under Section 303(2) of BNS. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that the petitioner is not named in the FIR. As per the FIR, 7-8 trees were cut down and thereafter taken away by some unknown persons. He thus, submits that the petitioner has been roped without any basis. It is also argued that alleged offence is triable by Magistrate. The petitioner, who is an old person of 61 years of age, is a nature loving person and would plant more trees. He [2025:RJ-JP:15676] (2 of 3) [CRLMB-12762/2024] thus, submits that custodial interrogation of the accused petitioner is not required in this matter and he would join investigation. 4. Per contra, learned Public Prosecutor opposes the bail application. 5. Having regard to the entirety of facts and circumstances as available on record and considering the arguments advanced at bar, this Court is of the opinion that it is a fit case to extend the benefit of pre-arrest bail to the petitioner under Section 482 BNSS 2023. 6. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Ramesh Chand Pushpad S/o Shri Mangi Lal in connection with FIR No.346/2024, registered at Police Station Jhalrapatan, District Jhalawar (Raj.), he shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. 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. 7. Apart from imposing the aforesid three conditions, this Court imposes an additional direction/condition upon the petitoner that he shall plant 15 (Neem, Pipal tree etc.) in the same municipal [2025:RJ-JP:15676] (3 of 3) [CRLMB-12762/2024] park, located in Subhash Nagar, Jhalarapatan in presence of the Executive Officer, Nagar Palika, Jhalaraptan and shall take care of them for at least one year. The Executive Officer concerned is directed to see and check at a regular gap of time, whether the trees planted by the petitioner are being cared by him or not and give his report to the trial court concerned. 8. Needless to observe here that the aforesaid direction should not be treated as a punishment, rather, it should be taken as a volunteer service of the petitioner. It is everybody's moral duty to make the environment more clean and green. 9. With the aforesaid directions, the application stands allowed. 10. A copy of this order be sent to Executive Officer, Nagar Palika, Jhalraptan. (ANIL KUMAR UPMAN ), J LALIT MOHAN /304