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2025 DAILYLAW 39285 (RAJ)

SHARDA DEVI W/O LATE RAGHVENDRA v. STATE OF RAJASTHAN

CRLMB/13817/2025 · 2025-11-03

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:44056] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13817/2025 Sharda Devi W/o Late Raghvendra, R/o Madhuvan Colony Kherda, Sawai Madhopur. ----Accused-Applicant Versus State Of Rajasthan, Through Public Prosecutor ----Non-Applicant For Applicant(s) : Mr. Umesh Dixit For Non-Applicant(s) : Mr. Rhishi Raj Singh Rathore, PP Ms. Arti Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 03/11/2025 1. The present bail application has been filed under Section 482 BNSS in connection with FIR No. 441/2024 registered at Police Station Kotwali, Sawaimadhopur, District Sawaimadhopur for the offence(s) under Section 3/7 of Essential Commodities Act, 1955. 2. Learned counsel for the applicant has submitted that matter at hand pertains to the Essential Commodities Act, 1955 and the same is triable by Magistrate. It is further submitted that civil proceedings are going on and appeal is pending before the concerned Collector. 3. Per contra, learned Public Prosecutor has vehemently opposed the instant bail application. 4. Having heard the arguments advanced by counsel for the parties, considering that the civil proceedings are going on in the matter; that the matter is triable by Magistrate; that an appeal is [2025:RJ-JP:44056] (2 of 2) [CRLMB-13817/2025] pending before the concerned Collector and looking to the overall facts, this Court is inclined to allow the anticipatory bail application. 5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kotwali, Sawaimadhopur, District Sawaimadhopur in F.I.R. No. 441/2024 is directed that in the event of arrest of the accused-applicant Sharda Devi W/o Late Raghvendra, she shall be released on bail, provided she 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 herself available for interrogation by a police officer as and when required; (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. (SAMEER JAIN),J DEEPAK/217