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[2025:RJ-JP:5842] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1920/2025
1. Shantibai W/o Dhannaraj, Aged About 54 Years, R/o Pipalaj, Tehsil Khanpur, District Jhalawar (Raj.)
2. Saina Bai W/o Milapchand, Aged About 31 Years, R/o Pipalaj, Tehsil Khanpur, District Jhalawar (Raj.)
3. Sulochana Bai W/o Shiv Mangal, Aged About 40 Years, R/o Pipalaj, Tehsil Khanpur, District Jhalawar (Raj.) ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Sharvan Saini For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 10/02/2025
1. The instant pre-arrest bail application has been filed under Section 482 BNSS filed on behalf of the petitioners, who are having apprehension of arrest in FIR No.265/2024 registered at Police Station Khanpur, District Jhalawar for the offences under Sections 331(2) of BNS (456 IPC) & 326(g) of BNS (436 IPC).
2.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Learned counsel submits that cross cases have been registered between the parties. Admittedly, there is land dispute between the parties. It is submitted that co-accused Mukesh @ Milapchand, who is the husband of petitioner No.2, has been granted regular bail by this Court vide order dated 17.01.2025. Learned counsel contends that petitioners are females and their custodial interrogation is not required in this matter.
3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioners.
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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 petitioners and especially the fact that there is land dispute between the parties; co-accused Mukesh @ Milapchand has been granted regular bail by this Court; petitioners are females and their custodial interrogation is not required in this matter, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the pre-arrest bail application.
6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Khanpur, District Jhalawar in FIR No.265/2024 is directed that in the event of arrest of the petitioners – (1) Shantibai W/o Dhannaraj, (2) Saina Bai W/o Milapchand, (3) Sulochana Bai W/o Shiv Mangal, 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 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 of the case so as to dissuade him 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 CHARU SONI /288