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2025 DAILYLAW 6447 (RAJ)

SAMEEER S/O SHAMIM v. STATE OF RAJASTHAN

CRLMB/2023/2025 · 2025-03-17

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:11919] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2023/2025 1. Sameer S/o Shamim, Aged About 30 Years, R/o Plot No. 716, South Delhi, Sunlight Colony Part- I, Jeevan Nagar South Delhi, Delhi. At Present Residing At A-21, Khijbad, New Friends Colony, New Delhi. 2. Neha W/o Sameer, Aged About 30 Years, R/o Plot No. 716, South Delhi, Sunlight Colony Part- I, Jeevan Nagar South Delhi, Delhi. At Present Residing At A-21, Khijbad, New Friends Colony, New Delhi. ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Avtar Singh Rathore For Respondent(s) : Ms. Arti Sharma, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/03/2025 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.340/2024 registered at Police Station Ramnagariya, District Jaipur City (East) for the offences under Sections 420, 406 & 384 of IPC. 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is submitted that bare perusal of the FIR would reveal that it is a simple case of borrowing some amount by the petitioner No.1 from the complainant. It is submitted that no offence under Sections 420, 406 & 384 of IPC is made out. It is contended that petitioners have no criminal antecedents. Custodial interrogation of the petitioners is not required in this matter. [2025:RJ-JP:11919] (2 of 2) [CRLMB-2023/2025] 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. 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 as also the fact that it is a simple case of borrowing some amount by petitioner No.1 from the complainant; petitioners have no criminal antecedents, 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 Ramnagariya, District Jaipur City (East) in FIR No. 340/2024 is directed that in the event of arrest of the petitioners - (1) Sameer S/o Shamim, & (2) Neha W/o Sameer, 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 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 /269