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2025 Supreme(Raj) 40
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Arjun Singh - Appellant
Versus
State of Rajasthan - Respondent
CRLMB / 10377 / 2024
Decided On : 06-03-2025
Advocate Appeared:
Mr. Shrawan Singh Rathore, PP
Anticipatory bail can be granted when allegations are based solely on conjecture without direct evidence linking the petitioner to the offence.
Headnote:
(A) Indian Penal Code - Section 379 - Mines and Minerals (Development and Regulation) Act - Sections 4 and 21 - Environment Protection Act - Sections 15 and 16 - Anticipatory bail application filed by the petitioner apprehending arrest in connection with FIR for illegal transportation of Bajri - Allegations against the petitioner based solely on co-accused's disclosure - No evidence of petitioner's knowledge or involvement in the offence - Court finds it a fit case for anticipatory bail under Section 438 Cr.P.C. (Para 7)
(B) Anticipatory Bail - Conditions for grant - Petitioner must cooperate with investigation, refrain from influencing witnesses, and not leave the country without permission. (Para 8)
Facts of the case:
The petitioner is the registered owner of a tractor allegedly used for transporting Bajri illegally. The case against him is based on the statements of a co-accused, with no direct evidence linking him to the offence.
Findings of Court:
The court grants anticipatory bail, emphasizing the lack of evidence against the petitioner and the nature of the allegations.
Issues: The main issue was whether the petitioner should be granted anticipatory bail given the nature of the allegations and evidence presented.
Ratio Decidendi: The court concluded that the petitioner was not directly implicated in the illegal activity and thus warranted bail, highlighting the importance of evidence in granting anticipatory bail.
Result: Bail application allowed.
ORDER :
KULDEEP MATHUR, J.
1.This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.165/2024 registered at Police Station Bhinmal, District Jalore for the offences under Sections 379 of IPC , Sections 4/21 of M.M.D.R. Act and Sections 15 , 16 of Environment Protection Act .
2. Learned counsel for the petitioner submitted that in the present case co-accused- Shaitan Singh was found illegally transporting Bajri (river sand). The allegation against the present petitioner is that he is the registered owner of the tractor bearing registration No.RJ-46-RA-6381 in which the bajri was being transported.
3. Drawing attention of the Court towards the documents available on record, learned counsel submitted that the petitioner has been implicated in the present case solely on the basis of the disclosure statements of co-accused- Shaitan Singh. There is nothing on record to indicate that the bajri was transported in the offending vehicle with due permission and knowledge of the present petitioner. The petitioner has been implicated in the present case solely on the basis of conjunctures and surmises.
4. Lastly, learned counsel for the petitioner submitted that the petitioner is ready and willing to co-operate with the Investigating Agency; no recovery is due to be made from the present petitioner and therefore, no fruitful purpose would be served by sending the petitioner behind the bars. It was thus, prayed that the petitioner may be released on anticipatory bail.
5. Learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail.
6. Heard the learned counsel for the parties at Bar and perused the impugned order.
7. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C. (Section 482 of B.N.S.S.).
8. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Arjun Singh S/o Mohabbat Singh in connection with FIR No.165/2024 registered at Police Station Bhinmal, District Jalore the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- each along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-
(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.
