[2025:RJ-JP:9544] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13840/2024 Vikas Agarwalson Of Shri Lalit Kumar Agarwal, Aged About 49 Years, Resident Of A-10 Jai Jawan ( First) Colony Tonk Road Jaipur, District Jaipur Rajasthan. ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Shree Ram Dhakar, PP Mr. Dinesh Kumar Garg HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 04/03/2025 1. Apprehending his arrest in connection with FIR No. 01/2024 registered at Police Station Shivdaspura, District Jaipur (South) for the offence(s) under Section 302 of IPC, the petitioner has preferred this anticipatory bail application under Section 482 of BNSS. 2. Learned counsel for the accused-petitioner submits that petitioner has falsely been implicated in this case. Police after thorough investigation did not find commission of offence under Section 302 IPC, rather gave a conclusion that deceased fell from the chamber of the lift, the petitioner was not present when the incident occurred. It is also contended that custodial investigation of the accused petitioner is not required. Learned counsel further submits that petitioner and complainant arrived at compromise and affidavit of complainant Ramnarayan Bairwa is annexed as [2025:RJ-JP:9544] (2 of 3) [CRLMB-13840/2024] Anexure-3 with the petition, therefore anticipatory bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposes the bail application and submitted the factual report. It is contended that prima facie offence under Section 304 IPC is made out against the petitioner. There is another criminal case bearing No. 689/2023 for the offence under Sections 420, 406 and 120-B of IPC is pending against the petitioner, therefore considering the criminal antecedents of the accused-petitioner his bail application deserves to be dismissed. 4. Learned counsel for the complainant has no objection, if the anticipatory bail application of the accused-petitioner is allowed. 5. I have considered the overall allegations levelled in the FIR and contentions made by the counsel for the parties. 6. Considering the fact that police did not find commission of offence under Section 302 IPC and categorically concluded that deceased fell in the chamber of the lift as it was not properly protected, without expressing anything on merits of the case, I deem it just and proper to allow the anticipatory bail application of the accused-petitioner. 7. Accordingly, the anticipatory bail application under Section 482 BNSS is allowed and it is ordered that in the event of arrest of the petitioner- Vikas Agarwal s/o Shri Lalit Kumar Agarwal, in connection with FIR No. 01/2024 registered at Police Station Shivdaspura, District Jaipur (South), 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/- to the satisfaction of [2025:RJ-JP:9544] (3 of 3) [CRLMB-13840/2024] the S.H.O/I.O/Arresting Officer of the concerned Police Station 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. (PRAVEER BHATNAGAR),J ashu /206