HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
RAEES KHAN S/O SHRI ISHAQ – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 2932 / 2025
Order :
1. Apprehending his arrest in connection with FIR No. 48/2025 registered at Police Station Khairthal, District Khairthal-Tijara for the offence(s) under Sections 319(2), 318(4), 338, 336(3), 340(2) and 61(2)(a) of BNS and Section 66-D of IT Act, the petitioner has preferred this anticipatory bail application under Section 482 BNSS.
2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. The offences alleged to have been committed by the petitioner are triable by Magistrate. The petitioner has been solely implicated in this case on the basis of disclosure statement of other co-accused. Recovery mobile phones, sim cards and ATM cards etc. have already been effected from the possession of other co-accused. The petitioner is ready and willing to cooperate with the investigation. Custodial investigation of the accused-petitioner is not required. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Learned Public Prosecutor vehemently opposes the anticipatory bail application.
4. I have considered the overall allegations levelled in the FIR and contentions made by the counsel for the parties.
5. Looking to the fact that recovery of sim cards and mobile phones etc. were effected from the possession of other co accused, who have already been enlarged on bail. Custodial investigation of the accused petitioner is not required. The offences alleged to have been committed by the petitioner are exclusively triable by Magistrate and accused-petitioner is ready and willing to cooperate with the investigation, without expressing anything on the merits of the case, I deem it just and proper to allow the anticipatory bail application of the accused-petitioner.
6. Accordingly, the anticipatory bail application under Section 482 BNSS is allowed and it is ordered that in the event of arrest of the petitioner- Raees Khan S/o Shri Ishaq in connection with FIR No. 48/2025 registered at Police Station Khairthal, District Khairthal-Tijara, he shall be released on bail, provided he furnishs a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station 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.
The court grants anticipatory bail based on the nature of allegations and the accused's willingness to cooperate, emphasizing that custodial investigation is unnecessary when offences are triable by ....
Anticipatory bail may be granted when custodial investigation is not necessary and the accused are willing to cooperate with the investigation.
The court granted anticipatory bail on the grounds of false implication and lack of necessity for custodial investigation, emphasizing personal liberty.
Anticipatory bail granted when accused demonstrate willingness to cooperate with investigation and no necessity for custodial interrogation is established.
Anticipatory bail may be granted when the petitioner demonstrates willingness to cooperate with the investigation and the nature of evidence does not necessitate custodial interrogation.
Anticipatory bail granted when custodial investigation is not necessary and petitioners are willing to cooperate.
Anticipatory bail granted as custodial investigation not required; petitioners implicated as witnesses in alleged forgery, not beneficiaries.
Anticipatory bail granted due to absence at the incident and compliance with investigation, emphasizing the need for cooperation and non-interference with witnesses.
Anticipatory bail may be granted when the applicant is not named in the FIR, has no criminal antecedents, and is willing to cooperate with the investigation.
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