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2025 DAILYLAW 34176 (RAJ)

SHANKARLAL S/O SHRI PRABHULAL v. STATE OF RAJASTHAN

CRLMB/15353/2024 · 2025-02-27

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:8808] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15353/2024 Shankarlal S/o Shri Prabhulal, R/o Gambhira, Tehsil And District Sawai Madhopur. ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jai Singh Rathore, Adv. For Respondent(s) For Complainant(s) : : Ms. Arti Sharma, PP Mr. S. Gaharana, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/02/2025 1. The instant pre-arrest bail application has been filed under Section 482 BNSS on behalf of the petitioner, who is having apprehension of arrest in FIR No.282/2024 registered at Police Station Kotwali Sawai Madhopur, District Sawai Madhopur for the offences punishable under Sections 420, 406, 467, 468, 471 and 120B of IPC. 2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that an agreement to sell was executed between the parties wherein, petitioner alongwith other persons mentioned that they are in possession of the land in question and they will get the sale deed executed in favour of the complainant as soon as their names are entered in the revenue record. It is submitted that entire evidence is based on documents and same are in possession of the [2025:RJ-JP:8808] (2 of 3) [CRLMB-15353/2024] Investigating Agency. It is submitted that there is civil dispute between the parties and same has been given colour of criminal offence. He contends that custodial interrogation of the petitioner is not required in this matter. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. Learned counsel for the complainant submits that despite the fact that land was not in name of the petitioner, he executed agreement to sell in favour of the complainant. 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 parties as also looking to the material available on record in the form of case diary, 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 Kotwali Sawai Madhopur, District Sawai Madhopur (Raj.) in FIR No.282/2024 is directed that in the event of arrest of the petitioner - Shankarlal S/o Shri Prabhulal, 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/- each to their satisfaction on the following conditions:- (i). that the petitioner shall make himself [2025:RJ-JP:8808] (3 of 3) [CRLMB-15353/2024] 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 petitioners shall not leave India without prior permission of the court. (ANIL KUMAR UPMAN),J MADAN/279