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2025 DAILYLAW 34191 (RAJ)

SARDARMAL S/O SHRI HARSARAM v. STATE OF RAJASTHAN

CRLMB/15425/2024 · 2025-01-29

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:4121] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15425/2024 1. Sardarmal S/o Shri Harsaram, Aged About 55 Years, R/o Village Jahaj Dhani Bera Ki, Police Station Udaipurwati, District Jhunjhunu (Rajasthan). 2. Jagdeva S/o Harsaram, Aged About 50 Years, R/o Village Jahaj Dhani Bera Ki, Police Station Udaipurwati, District Jhunjhunu (Rajasthan). 3. Birbal S/o Harsaram, Aged About 50 Years, R/o Village Jahaj Dhani Bera Ki, Police Station Udaipurwati, District Jhunjhunu (Rajasthan). 4. Jaimal S/o Magnaram, Aged About 50 Years, R/o Village Jahaj Dhani Bera Ki, Police Station Udaipurwati, District Jhunjhunu (Rajasthan). 5. Kishan @ Ballaram S/o Magnaram, Aged About 50 Years, R/o Village Jahaj Dhani Bera Ki, Police Station Udaipurwati, District Jhunjhunu (Rajasthan). 6. Vijendra S/o Sardarmal, Aged About 26 Years, R/o Village Jahaj Dhani Bera Ki, Police Station Udaipurwati, District Jhunjhunu (Rajasthan). 7. Niwas S/o Harsaram, Aged About 35 Years, R/o Village Jahaj Dhani Bera Ki, Police Station Udaipurwati, District Jhunjhunu (Rajasthan). 8. Girdhari S/o Sohanlal, Aged About 29 Years, R/o Village Bagora Dhani Ghaghla Ki, Police Station Udaipurwati, District Jhunjhunu (Rajasthan). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Arjun Singh Shekhawat Mr. Krishna Rathore Ms. Pooja Jadon For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Ms. Sweekriti Sharma for Mr. Akashat Choudhary [2025:RJ-JP:4121] (2 of 3) [CRLMB-15425/2024] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/01/2025 1. The instant pre-arrest bail application have been filed under Section 482 of B.N.S.S. filed on behalf of the petitioners, who are having apprehension of arrest in F.I.R. No.118/2023 registered at Police Station Udaipurwati, District Jhunjhunu (Rajasthan) for offences under Sections 143, 341,427, 506 & 379 of IPC. During investigation, offences punishable under Sections 143, 427, 379, 186 & 189 of IPC have been found proved against the petitioners. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that essentially there is a civil dispute between the parties and civil suit is pending between the parties. Counsel submits that only offence under Section 379 of IPC alleged to have been committed in this matter is non-bailable and except this, other offences are bailable. Counsel submits that petitioners are ready to co-operate with the investigation. Custodial interrogation of the petitioners would not served any fruitful purpose. 3. Learned State Counsel as well as counsel for the complainant opposes the submissions made by counsel for the petitioner. They submits that cement blocks are to be recovered from the petitioners which are allegedly taken away by the petitioners. 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 both the [2025:RJ-JP:4121] (3 of 3) [CRLMB-15425/2024] parties, 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 Udaipurwati, District Jhunjhunu (Rajasthan) in F.I.R. No.118/2023 is directed that in the event of arrest of the petitioners- Sardarmal S/o Shri Harsaram, Jagdeva S/o Harsaram, Birbal S/o Harsaram, Jaimal S/o Magnaram, Kishan @ Ballaram S/o Magnaram, Vijendra S/o Sardarmal, Niwas S/o Harsaram & Girdhari S/o Sohanlal, 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:- (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 LALIT MOHAN /265