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2025 DAILYLAW 32214 (RAJ)

KAILASH MEENA S/O SHRI REVADMAL MEENA v. STATE OF RAJASTHAN

CRLMB/13096/2024 · 2025-01-29

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:4107] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13096/2024 1. Kailash Meena S/o Shri Revadmal Meena, Aged About 28 Years, R/o Ram Nagar, God Ka Baas, Kotkhavda, Jaipur (Rajasthan)- 303908. 2. Sunil Kumar Meena S/o Shri Revadmal Meena, Aged About 26 Years, R/o Raghunathpura, Kod Ka Baas, Kotkhavda, Jaipur (Rajasthan)- 303908. ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Beri Singh Sinsinwar, Sr. Adv. with Mr. Jaswant Singh Rathore For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/01/2025 1. The instant pre-arrest bail application has been filed under Section 482 BNSS. on behalf of the petitioners, who are having apprehension of their arrest in connection with FIR No.331/2024 registered at Police Station Malviya Nagar, District Jaipur City (East) for the offences punishable under Sections 333, 126(2), 115(2), 352 & 3(5) of BNS. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that all offences except offence punishable under Section 333 of BNS (correspondent to Section 452 of IPC) are bailable in nature. It is submitted that petitioners have joined the investigation in terms of [2025:RJ-JP:4107] (2 of 3) [CRLMB-13096/2024] order dated 03.01.2025. Counsel further submits that custodial interrogation of petitioners is not required in this matter. 3. Learned State Counsel opposes the bail application, however, learned State Counsel fairly concedes that as per investigation report, petitioners have joined the investigation. He further submits that several other cases have also been registered against the petitioners. 4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the totality of facts and circumstances of the case, especially the fact that all offences except offence punishable under Section 333 of BNS (correspondent to Section 452 of IPC) are bailable in nature & petitioners have joined the investigation in terms of order dated 03.01.2025 passed by this court, but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to allow this anticipatory bail application. 5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Malviya Nagar, District Jaipur City (East) in FIR No.331/2024 is directed that in the event of arrest of the petitioners 1) Kailash Meena S/o Shri Revadmal Meena & 2) Sunil Kumar Meena S/o Shri Revadmal Meena, 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 the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- [2025:RJ-JP:4107] (3 of 3) [CRLMB-13096/2024] (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 them from disclosing such facts to the court or any police officer, and (iii) that the petitioners shall not leave India without previous permission of the court. 6. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence once in three months in the concerned police station. 7. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 8. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to them by this Court. (ANIL KUMAR UPMAN),J GAUTAM JAIN /259