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2025 Supreme(RAJ) 389
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
Important Points
Subject
Criminal Law - Bail
Act Referred
IT Act : S.66-D
Headnote
(B) Anticipatory Bail - The court emphasizes that the accused's cooperation and the nature of allegations are crucial in deciding bail applications, especially when offences are triable by Magistrate. (Paras 5)
Facts of the case:
The petitioner seeks anticipatory bail for alleged offences under various sections of BNS and IT Act, claiming false implication and readiness to cooperate with the investigation.
Findings of Court:
The court allows the anticipatory bail application, stating custodial investigation is not required, and the petitioner is to be released on bail upon fulfilling specified conditions.
Issues: The main issues include the necessity of custodial investigation and the implications of the allegations against the petitioner.
Ratio Decidendi: The court ruled that the nature of the allegations and the accused's willingness to cooperate are significant factors in granting anticipatory bail, especially when the offences are triable by a Magistrate.
Result: Anticipatory bail application allowed.
Mr. K.K. Bhinda, Mr. Shree Ram Dhakar, PP
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.
