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2025 DAILYLAW 34441 (RAJ)

SMT. MOHAN KANWAR W/O DARA SINGH v. STATE OF RAJASTHAN

CRLMB/15642/2024 · 2025-01-29

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:4124] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15642/2024 1. Smt. Mohan Kanwar W/o Dara Singh, Aged About 42 Years, R/o House No. 46, Shiv Colony In Front Of Kohinoor Cinema, Sanganer, Jaipur. 2. Dara Singh Gour S/o Mangal Singh Gour, Aged About 46 Years, R/o House No. 46, Shiv Colony In Front Of Kohinoor Cinema, Sanganer, Jaipur. ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/01/2025 1. The instant pre-arrest bail application has 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.114/2024 registered at Police Station Jawahar Circle, District Jaipur City (East) (Rajasthan) for offences under Sections 420, 406, 467, 468 & 120B of IPC. 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 the same has been given colour of the criminal offence. Counsel submits that during the course of investigation, an application was submitted by the complainant before the [2025:RJ-JP:4124] (2 of 3) [CRLMB-15642/2024] Investigating Officer wherein he mentioned that he does not want to proceed with this complaint as he is going to avail other suitable legal remedy under the law with respect to subject property. 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 opposes the submissions made by counsel for 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 counsel for the petitioner, especially the fact that complainant has already submitted an application before Investigating Officer for withdrawal his complaint; prima facie it appears that there is property dispute between the 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, Jawahar Circle, District Jaipur City (East) (Rajasthan) in F.I.R. No.114/2024 is directed that in the event of arrest of the petitioners- (1) Smt. Mohan Kanwar W/o Dara Singh & (2) Dara Singh Gour S/o Mangal Singh Gour, 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 [2025:RJ-JP:4124] (3 of 3) [CRLMB-15642/2024] 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. 7. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /268