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2025 DAILYLAW 46804 (RAJ)

HARI SINGH YADAV S/O SUDARAM YADAV v. STATE OF RAJASTHAN

CRLMB/11376/2025 · 2025-10-30

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:43621] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11279/2025 Ramesh Yadav S/o Shri Bheru Ram Yadav, R/o Kunda Ki Dhani, Near Maanbhag, Village Sirsi, Teshil Jaipur, District Jaipur, (Raj.) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 11376/2025 1. Hari Singh Yadav S/o Sudaram Yadav, R/o 171, Guru Jambeshwar, Nagar-A, Lane-5, Gandhi Path, Jaipur (Raj.) 2. Prahlad Yadav S/o Shri Bheruram Yadav, R/o Kunda Ki Dhani, Sirsi, Jaipur (Raj.) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Ms. Arti Sharma, PP Mr. Abhishek Gotecha HON'BLE MR. JUSTICE SAMEER JAIN Order 30/10/2025 1. The present bail applications have been filed under Section 482 BNSS in connection with FIR No. 120/2024 registered at Police Station Karni Vihar District Jaipur (West) for the offence(s) under Sections 323, 341, 354, 452, 455, 448, 380, 427, 147, 149 & 34 of IPC. [2025:RJ-JP:43621] (2 of 3) [CRLMB-11279/2025] 2. Learned counsel for the accused-applicants has submitted parallely petitions under the provisions of Section 482 of CrPC/ 528 of BNSS for quashing of FIR have been filed, wherein an interim order was granted directing that no coercive action/arrest shall be made unless an advance notice of 15 days is served. It is submitted qua the same no interim/ stay vacation application is moved by the respondents therein, stating that the applicants herein have not been cooperative towards the investigation. It is submitted that civil suit qua the property in dispute is already in subjudice before the competent authority. It is also submitted that in a connected FIR in the year 2015 a negative report has been filed which was accepted in protest petition. Howsoever, a revision against the same is pending. 3. Per contra, learned Public Prosecutor and counsel for the complainants has opposed the anticipatory bail applications. 4. Considering the contentions put-forth by the counsel for the parties, taking note of the fact that no stay vacation application has been moved by the respondent-non-applicant vis-a-vis the interim granted in the Criminal Misc. Petition under Section 528 of BNSS; and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the cases, this court deems it appropriate to allow the anticipatory bail application. 5. Accordingly, the anticipatory bail applications are allowed. The S.H.O/I.O/Arresting Officer, Police Station Karni Vihar, District Jaipur (West) in F.I.R. No. 120/2024 is directed that in the event of arrest of the accused-applicants 1.Ramesh Yadav S/o Shri [2025:RJ-JP:43621] (3 of 3) [CRLMB-11279/2025] Bheru Ram Yadav 2. Hari Singh Yadav S/o Sudaram Yadav 3. Prahlad Yadav S/o Shri Bheruram Yadav they shall be released on bail, provided they 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 themselves 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. 6. A copy of this order be placed in the connected application. (SAMEER JAIN),J GAURAV SHARMA /229&232