Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 33530 (RAJ)

FAKARUDIN @ FAKARU S/O SHARIF v. STATE OF RAJASTHAN

CRLMB/15467/2023 · 2025-01-09

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:1283] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15467/2023 Fakarudin @ Fakaru S/o Sharif, R/o Village Piproli, Police Station Ramgarh, District Alwar. ----Petitioner Versus 1. State Of Rajasthan, Through Pp 2. Rahiman W/o Aasu, R/o Village Jotri Pipal, Police Station Gopalgarh, Tehsil Pahadi, District Deeg, Rajasthan. ----Respondents For Petitioner(s) : Mr. Mohd. Shakir Khan For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/01/2025 1. The instant pre-arrest bail application has been filed under Section 438 of Cr.PC filed on behalf of the petitioner, who is having apprehension of arrest in F.I.R. No.630/2023 registered at Police Station Ramgarh (Alwar), District Alwar for offence under Section 420 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that in fact, alleged amount was given to one Satish by the complainant. Counsel submits that alleged offence is triable by the Magistrate and maximum sentence for the alleged offence is seven years. Counsel submits that under the instructions of this Court vide order dated 11.01.2024, petitioner has already joined the investigation. Custodial interrogation of the [2025:RJ-JP:1283] (2 of 3) [CRLMB-15467/2023] petitioner would not served any fruitful purpose. 3. Learned State Counsel opposes the submissions made by counsel for the petitioner but fairly conceded that the petitioner has joined the investigation. 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 petitioner and especially the fact that alleged offence is triable by the Magistrate; petitioner has already joined the investigation, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Ramgarh (Alwar), District Alwar in F.I.R. No.630/2023 is directed that in the event of arrest of the petitioner- Fakarudin @ Fakaru S/o Sharif, he shall be released on bail, provided him 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:- (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 [2025:RJ-JP:1283] (3 of 3) [CRLMB-15467/2023] 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. (ANIL KUMAR UPMAN),J LALIT MOHAN /129