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2025 DAILYLAW 4339 (RAJ)

MANBHAR W/O RAMKISHAN v. STATE OF RAJASTHAN

CRLMB/1039/2025 · 2025-01-23

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:3454] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1039/2025 1. Manbhar W/o Ramkishan, Aged About 60 Years, R/o Ekda, District Sawai Madhopur (Raj.) 2. Rekha W/o Mukesh, Aged About 30 Years, R/o Ekda, District Sawai Madhopur (Raj.) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bharat Yadav Mr. Akshay Yadav For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025 1. The instant pre-arrest bail application has been filed under Section 482 BNSS. on behalf of the petitioners, who are having apprehension of their arrest in F.I.R. No. 141/2021 registered at Police Station Chauth Ka Barwada, District Sawai Madhopur for the offences punishable under Sections 147, 148, 149, 323, 341, 336 & 302 of IPC. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that petitioners are female & as per FIR, omnibus allegation has been levelled against them. It is submitted that death of deceased was occurred in police custody, therefore, vide order dated, 31.05.2021, Rs.5,00,000/- compensation was [2025:RJ-JP:3454] (2 of 3) [CRLMB-1039/2025] awarded to wife of deceased by the State Government. Learned counsel further submits that custodial interrogation of the petitioners are not required in this matter. 3. Learned State Counsel opposes the bail application. 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 especially the fact that vide order dated 31.05.2021, Rs.5,00,000/- compensation was awarded to wife of deceased by the State Government on account of death in police custody; entire police station was transferred to police line; petitioners are female and they ready to join the investigation, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Chauth Ka Barwada, District Sawai Madhopur in F.I.R. No.141/2021 is directed that in the event of arrest of the petitioners- (1) Manbhar W/o Ramkishan & (2) Rekha W/o Mukesh, 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 [2025:RJ-JP:3454] (3 of 3) [CRLMB-1039/2025] of the case so as to dissuade them from disclosing such facts to the court or any police officer, and (iii). that the petitioners shall not leave India without previous permission of the court. (ANIL KUMAR UPMAN),J GAUTAM JAIN /44