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2025 DAILYLAW 48834 (RAJ)

GUMAN SINGH S/O DEVI LAL v. STATE OF RAJASTHAN

CRLMB/7676/2025 · 2025-11-04

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:44203] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7676/2025 Guman Singh S/o Devi Lal, R/o Village Badh Ramsar, Post Heerapur, Tehsil Talawda, District Sawai Madhopur (Raj) Then Assistant Engineer, Public Works Department, Gangapur City District Sawai Madhopur. ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. A. R. Meena, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 04/11/2025 1. This bail application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner apprehending his arrest pursuant to FIR No.475/2011 registered at Police Station Anti Corruption Bureau, Jaipur on 26.12.2011 for alleged offence under Sections 13 (1) (C) (d), 13 (2) of Prevention of Corruption Act, 1988 read with Sections 420, 467, 468, 471, 120-B IPC. 2. Learned counsel for the petitioner submits that bare perusal of the FIR would reveal that the main allegations in FIR are against the Chief Engineer and the Executive Engineer. It has been informed that the Executive Engineer is already dead and the Chief Engineer has been exonerated. It is submitted that as per FIR, alleged incident took place in the year 2007-2008 and 2008- 2009 and FIR was lodged in the year 2011 and after 14 years, [2025:RJ-JP:44203] (2 of 3) [CRLMB-7676/2025] there is no urgency to arrest the petitioner for the purpose of custodial interrogation. It is also submitted that investigation from the petitioner has already been done by the Investigating Officer. Learned counsel for the petitioner submits that in relation to similar FIRs of the same Police Station, where also in respect of an incident of the year 2007, FIR was lodged in the year 2011 and the accused petitioners were apprehending their arrest after more than decade, anticipatory bail has been granted by Co-ordinate Bench of this Court vide order dated 26.09.2025 passed in S.B. Criminal Miscellaneous Bail Application Nos.7696/2025, 7697/2025, 10547/2025, 11398/2025 as well as order dated 04.08.2023 passed in S.B. Criminal Miscellaneous Bail Application No.3260/2023. 3. Learned Public Prosecutor opposed the bail application. 4. In the light of the aforesaid facts, where the incident has taken place in the year 2007-2008 and 2008-2009 and FIR was lodged in the year 2011 and in view of the fact that in similar matters, Co-ordinate Bench of this Court has granted benefit of anticipatory bail, without expressing any opinion on merits of the case, I also deem it fit to allow the instant bail application. 5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Anti Corruption Bureau, Jaipur in F.I.R. No. 475/2011 is directed that in the event of arrest of the petitioner-Guman Singh S/o Devi Lal, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- [2025:RJ-JP:44203] (3 of 3) [CRLMB-7676/2025] (i) that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii) that the petitioner 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 petitioner shall not leave India without previous permission of the court. (ANAND SHARMA),J Jatin /01