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2025 DAILYLAW 37347 (RAJ)

SHIMBHU DAYAL S/O SH. RADHA VALLABH v. STATE OF RAJASTHAN

CRLMB/9139/2025 · 2025-10-14

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:41821] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9139/2025 Shimbhu Dayal S/o Sh. Radha Vallabh, Aged About 62 Years, R/o Kunkada Kalan, Presently R/o Gangapur City Distt Sawai Madhopur, Raj. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nishant Sharma, Adv. with Mr. Rameshwar Prasad, Adv. For Respondent(s) : Ms. Arti Sharma, PP with Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 14/10/2025 1. The present bail application has been filed under Section 482 BNSS in connection with FIR No. 127/2025 registered at Police Station Gangapur City Sadar District Sawai Madhopur for the offence(s) under Section 3/7 of the Essential Commodities Act. 2. Learned counsel for the accused-applicant has submitted that vide order dated 09.09.2025, interim protection from arrest was granted to the applicant subject to the condition that applicant joins the investigation. It is submitted that in compliance with the said direction, the applicant has joined the investigation. 3. Per contra, learned Public Prosecutor has opposed the bail application. [2025:RJ-JP:41821] (2 of 3) [CRLMB-9139/2025] 4. Considering the contentions put-forth by the counsel for the parties and considering that the accused-applicant has already joined the investigation as directed vide interim order dated 09.09.2025, therefore, looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court deems it appropriate to make the order dated 09.09.2025 absolute and allow the anticipatory bail application. 5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Gangapur City Sadar District Sawai Madhopur in F.I.R. No. 127/2025 is directed that in the event of arrest of the accused-applicant Shimbhu Dayal S/o Sh. Radha Vallabh, he shall be released on bail, provided that he 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 applicant shall make himself available for interrogation by a police officer as and when required; and if the applicant fails to join and render due cooperation in the investigation or does not mark appearance before the concerned authority, as directed hereinabove, the present order allowing anticipatory bail to the applicant shall cease to operate; (ii) that the applicant 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 applicant shall not leave India without previous permission of the court. 6. It is made clear that, learned Public Prosecutor is at liberty to [2025:RJ-JP:41821] (3 of 3) [CRLMB-9139/2025] move appropriate application/avail efficacious remedy for cancellation of anticipatory bail application, if the facts are otherwise. (SAMEER JAIN),J CHANDAN /258