VISHNU BANJARA S/O BHAGIRAM BANJARA v. THE STATE OF RAJASTHAN
CRLMB/13193/2025 · 2025-10-14
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37499 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37499 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:41910] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13193/2025
1. Vishnu Banjara S/o Bhagiram Banjara, R/o Bas Banjara Data Khoh P.s. Tehla, District Alwar (Rajasthan).
2. Mansingh Banjara S/o Kaluram Banjara, R/o Bas Banjara Data Khoh P.s. Tehla, District Alwar (Rajasthan).
3. Vakeel Banjara S/o Gopiram Banjara, R/o Bas Banjara Data Khoh P.s. Tehla, District Alwar (Rajasthan). ----Accused-Petitioners Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. N.A. Naqvi, sr. adv. with Mr. Syed Adeel Naqvi For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP Ms. Arti Sharma, PP with Mr. Anirudh Singh HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 14/10/2025
1. The present bail application has been filed under Section 482 BNSS in connection with FIR No. 135/2018 registered at Police Station Forest Department Range Tehla, District Alwar for the offence(s) under Sections 9, 27, 29, 31, 39, 50 & 51 of Wildlife Protection Act, 1972.
2.
Learned counsel for the applicants has submitted that application is moved by three persons belonging to ‘Banjara’ community. It is further submitted that they are sole bread earners of their families and aged in-between 25-30 years. It is also submitted that their motorcycle has been seized, and the
[2025:RJ-JP:41910] (2 of 3) [CRLMB-13193/2025] allegations as leveled, are for killing of restricted birds i.e. Teetar and Batair. It is also submitted that applicants have been falsely implicated in the matter and the matter is triable by Magistrate. It is submitted that if any condition is imposed, they are ready to abide by the same. It is lastly submitted that no criminal antecedents are registered against the applicants.
3. Learned Public Prosecutor has vehemently opposed the instant bail application and has submitted that the allegations are leveled on account of vindictive attitude, and for not following the instructions of the Forest Officer concerned.
4. Having heard the contentions made by the respective sides, upon a perusal of the material available on record, and taking note of the fact that no criminal antecedents are registered against the applicants; that the matter is triable by Magistrate; and that the applicants are young men, who are sole bread earners for their families, this Court is inclined to allow the instant bail application subject to a condition that applicants shall join the investigation and appear before the Investigating Officer concerned on 30.10.2025 at 11:00 am.
5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Forest Department Range Tehla, District Alwar in F.I.R. No. 135/2018 is directed that in the event of arrest of the accused-applicants Vishnu Banjara S/o Bhagiram Banjara, Mansingh Banjara S/o Kaluram Banjara & Vakeel Banjara S/o Gopiram Banjara, they shall be released on bail, provided they furnish a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to
[2025:RJ-JP:41910] (3 of 3) [CRLMB-13193/2025] the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; and if the applicants 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 applicants shall cease to operate; (ii) that the applicants 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 applicants shall not leave India without previous permission of the court.
(SAMEER JAIN),J DEEPAK/298