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2025 DAILYLAW 33168 (RAJ)

RAJESH BAI W/O BABULAL v. STATE OF RAJASTHAN

CRLMB/14399/2024 · 2025-03-05

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:10306] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14399/2024 1. Rajesh Bai W/o Babulal, R/o Mal Bamori, Police Station Mangrol, District Baran, (Raj.) 2. Babulal S/o Kishan Lal, R/o Mal Bamori, Police Station Mangrol, District Baran, (Raj.) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajesh Gadhwal For Respondent(s) : Mr. N.S. Dhakar, 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 filed on behalf of the petitioners, who are having apprehension of arrest in FIR No.208/2024 registered at Police Station Mangrole, District Baran for the offences under Sections 115(2), 126(2), 352, 110 & 3(5) of BNS. 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is submitted that there is allegation petitioner No.2 to cause injury on the head of injured by stick. It is submitted that said injury has been opined as simple in nature. Learned counsel contends that maximum punishment for alleged offence is seven years. Custodial interrogation of the petitioners is not required in this matter. [2025:RJ-JP:10306] (2 of 2) [CRLMB-14399/2024] 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners but he fairly concedes that injuries on the head and right wrist joint of injured have been opined as simple in nature and have been caused by blunt object. 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 petitioners and as also considering the material available on record in the form of case diary; injury sustained to injured, 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 Mangrole, District Baran in FIR No. 208/2024 is directed that in the event of arrest of the petitioners - (1) Rajesh Bai W/o Babulal, & (2) Babulal S/o Kishan Lal, 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 previous permission of the court. (ANIL KUMAR UPMAN),J CHARU SONI /270