[2025:RJ-JP:3077] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16457/2024 1. Alim S/o Hameed, R/o Rajpadiya Mohalla, Kaithwada, Police Station Kaithwada, District Deeg (Rajasthan). 2. Vakil S/o Ramjan, R/o Rajpadiya Mohalla, Kaithwada, Police Station Kaithwada, District Deeg (Rajasthan). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Azad Ahmed For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Abdul Wahid Naqvi HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 22/01/2025 1. This instant pre-arrest bail application has been filed under Section 482 of BNSS (Section 438 of Cr.PC) filed on behalf of the petitioners, who are having apprehension of their arrest in connection with F.I.R. No.35/2024 registered at Police Station Kaithwada, District Deeg for offences under Sections 143, 323, 341, 342 & 379 of IPC. 2. Learned counsel for the petitioners submits that accused- petitioners have falsely been implicated in this case. Counsel submits that no specific allegation has been levelled against the petitioners and they are ready to join investigation. Custodial interrogation of the petitioners would not served any fruitful purpose. [2025:RJ-JP:3077] (2 of 3) [CRLMB-16457/2024] 3. Per contra, learned Public Prosecutor assisted by counsel for the complainant opposes the submissions made by the petitioners. They submit that it appears from the FIR that there is specific allegation against the petitioner Alim to cause injury near the ear of the Sarfuddin with axe and as such, he has actively participated in commission of crime. 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 and also considering the role attributed to the petitioner Alim, I do not find it a fit case to accept this anticipatory bail application qua the accused petitioner Alim. Accordingly, this pre-arrest bail application is dismissed qua accused petitioner No.1 Alim S/o Hameed. 6. The petitioner Alim is given liberty to surrender before the concerned court on or before 06.02.2025 and move a regular bail application which is to be filed before 12:00 noon of working day. The concerned court is requested to consider and decide the same on the very same day as per law. 7. So far as accused-petitioner No.2 Vakil S/o Ramjan is concerned, prima facie, it appears from the FIR that no specific role is appearing for the petitioner No.2 in the alleged incident. 8. Accordingly, this anticipatory bail application is allowed qua petitioner No.2. The S.H.O/I.O/Arresting Officer, Police Station Kaithwada District Deeg in F.I.R. No.35/2024 is directed that in the event of arrest of the petitioner No.2- Vakil S/o Ramjan, he [2025:RJ-JP:3077] (3 of 3) [CRLMB-16457/2024] 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 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 /82