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2025 DAILYLAW 7393 (RAJ)

HARISHANKAR MEENA S/O SHRI KALYAN MEENA v. STATE OF RAJASTHAN

CRLMB/2643/2024 · 2025-01-03

Anil Kumar Upman

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Judgment text

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[2025:RJ-JP:457] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 590/2024 1. Kalyan Meena S/o Shri Dhannalal Meena, Aged About 58 Years, R/o Sidharth Nagar-C Police Station Airport, Jaipur (Raj.) 2. Bhagwati Devi D/o Shri Kalyan, R/o Sidharth Nagar-C Police Station Airport, Jaipur (Raj.) ----Accused-Petitioners Versus 1. State Of Rajasthan, Through PP ---Respondent 2. Bhagvan Sahai S/o Chanda Ram, Aged About 35 Years, R/o Present Addresss- C 152, Shidharth Nagar, Jaipur, Jaipur City (East), Rajasthan, Permanent Address, Kanpura, Nangal Rajawatan, Dausa, Rajasthan. ----Complainant-Respondent No.2 Connected With S.B. Criminal Miscellaneous Bail Application No. 2643/2024 1. Harishankar Meena S/o Shri Kalyan Meena, Aged About 27 Years, R/o Sidharth Nagar-C Police Station Airport Jaipur (Raj.). 2. Hansraj Meena S/o Kalyan Meena, Aged About 21 Years, R/o Sidharth Nagar-C Police Station Airport Jaipur (Raj.). ----Accused-Petitioners Versus 1. State Of Rajasthan, Through PP ----Respondent 2. Bhagvan Sahai S/o Chanda Ram, Aged About 35 Years, R/o Present Address- C 152, Shidharth Nagar, Jaipur, Jaipur City (East), Rajasthan. Permanent Address- Kanpura, Nangal Rajawatan, Dausa, Rajasthan. ----Complainant-Respondent No.2 S.B. Criminal Miscellaneous Bail Application No. 2644/2024 1. Gora Devi W/o Shri Kalyan Meena, Aged About 56 Years, R/o Sidharth Nagar- C, Police Station Airport Jaipur (Raj.) 2. Narayani Devi W/o Late Shri Ramesh Chand Meena, Aged [2025:RJ-JP:457] (2 of 4) [CRLMB-590/2024] About 51 Years, R/o Sidharth Nagar- C, Police Station Airport Jaipur (Raj.) 3. Kaushalya Devi W/o Shri Harishankar Meena, Aged About 31 Years, R/o Sidharth Nagar- C, Police Station Airport Jaipur (Raj.) ----Accused-Petitioners Versus 1. State Of Rajasthan, Through PP ----Respondent 2. Bhagvan Sahai S/o Chanda Ram, R/o Present Address- C 152, Shidharth Nagar, Jaipur, Jaipur City (East), Rajasthan. Permanent Address- Kanpura, Nangal Rajawatan, Dausa, Rajasthan. ----Complainant-Respondent No.2 For Petitioner(s) : Mr. Aneesh Mourya, Adv. For Respondent(s) : Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/01/2025 1. These instant pre-arrest bail applications have been filed under Section 438 Cr.P.C. filed on behalf of the petitioners, who are having apprehension of arrest in FIR No.166/2023 registered at Police Station Jaipur Airport, District Jaipur City (East) for the offences under Sections 143, 448, 453, 323, 379, 427, 504 and 506 of IPC. 2. Learned counsel for the petitioners submit that the petitioners have falsely been implicated in this case. Learned counsel submit that the petitioners have already joined the investigation. They further submit that cross-cases have been [2025:RJ-JP:457] (3 of 4) [CRLMB-590/2024] registered between the parties. They argue that custodial interrogation of the petitioners is not required in this matter. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioners. However, he fairly concedes that the petitioners have joined the investigation. 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 alleged offences are triable by Magistrate for which maximum punishment is three years and the petitioners have already joined the investigation, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these pre-arrest bail applications. 6. These anticipatory bail applications are allowed. The S.H.O/I.O/Arresting Officer, Police Station Jaipur Airport, District Jaipur City (East) (Raj.) in FIR No.166/2023 is directed that in the event of arrest of the petitioners – 1. Kalyan Meena S/o Shri Dhannalal Meena, 2. Bhagwati Devi D/o Shri Kalyan, 3. Harishankar Meena S/o Shri Kalyan Meena, 4. Hansraj Meena S/o Kalyan Meena, 5. Gora Devi W/o Shri Kalyan Meena, 6. Narayani Devi W/o Late Shri Ramesh Chand Meena and 7. Kaushalya Devi W/o Shri Harishankar Meena, 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:- [2025:RJ-JP:457] (4 of 4) [CRLMB-590/2024] (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 MADAN/315-317