ANJALI KAJLI W/O SHRI SUKESH KAJLI v. STATE OF RAJASTHAN
CRLMB/15822/2024 · 2025-04-01
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 34789 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34789 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:14701] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15822/2024
1. Anjali Kajli W/o Shri Sukesh Kajli,
2. Sukesh Kajli S/o Shri Adhar Kajli,
3. Subrato Kajli S/o Shri Sukesh Kajli, All R/o Sakatpura Purani Maszid Ke Samne, P.S. Kunhadi, District Kota (Raj.). ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Samarth Sharma, Adv. For Respondent(s) : Mr. S.R. Dhakad, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 01/04/2025
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.311/2024 registered at Police Station Kunhadi, District Kota City for the offences punishable under Sections 121(1), 132 & 3(5) of BNS, 2023.
2.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is submitted that a complaint was presented by the petitioners to the S.P. Kota City stating therein that the wall constructed by them on their land has been demolished calling it an illegal construction. It is submitted that impugned FIR has been lodged as counterblast. He argues that petitioner No.1 has already been interrogated by the Investigating Officer. He contends that custodial interrogation of the petitioners is not required in this matter.
3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioners and submits that petitioners caused
[2025:RJ-JP:14701] (2 of 2) [CRLMB-15822/2024] hurdle in official duty of the public servant when team went at the place of incident for removal of encroachment.
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, so also considering the nature of allegation, 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 Kunhadi, District Kota City (Raj.) in FIR No.311/2024 is directed that in the event of arrest of the petitioners – 1. Anjali Kajli W/o Shri Sukesh Kajli,
2. Sukesh Kajli S/o Shri Adhar Kajli and 3. Subrato Kajli S/o Shri Sukesh Kajli, 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 prior permission of the court.
(ANIL KUMAR UPMAN),J MADAN/318