Anticipatory bail is warranted when allegations are primarily civil in nature and do not justify detention.

Order :

1. These anticipatory bail applications have been filed by the petitioners under Section 438 Cr.P.C. (482 BNSS) apprehending their arrest in connection with FIR No.24/2023, registered at Police Station Khinwara, District Pali, for the offences under Sections 147, 447, 448, 440, 427, 509, 143, 323, 452, 327/149, 354, 395 and 120-B of IPC.

2. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case. The allegation against the present petitioners is that on 25.02.2023, they forcibly entered the Khatedari land belonging to the complainant bearing Khasras Nos.276, 277, 278, 280 situated at village Khinwara and tried to dispossess the complainant and his family from the land. Further allegation against the present petitioners is that they had allegedly attacked the men and women present at the site and had also damaged the boundary wall and five gates of the complainant’s land/ field.

3. Drawing attention of the Court towards the various documents attached with the case file, learned counsel submitted that a dispute between the parties of purely civil nature has been given the color of criminal offences by the complainant and a partition suit with regard to the land in dispute is pending between the parties before the competent civil/revenue Court at Rani, District Pali. The offences alleged to have been committed by the petitioners are triable by Court of Magistrate and the injuries allegedly inflicted by the petitioners upon the injured persons are simple in nature.

4. Learned counsel submitted that co-accused persons namely Leela, Anu @ Anita, Pushpa, Rahul, Sunil Joshi, Shaitan Singh, Bharat Paliwal, Hukam Singh, etc. have already been enlarged on regular bail by the Co-ordinate Bench of this Court. The present petitioners pursuant to the interim order dated 01.06.2023 passed by this Court have already joined the investigation; no recovery is due to be made from the present petitioner and, therefore, no fruitful purpose would be served by sending the petitioners behind the bars. It was thus prayed that the petitioners may be released on anticipatory bail.

5. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for anticipatory bail. However, they were not in a position to refute the fact that the petitioners have already joined the investigation and the offences alleged to have been committed by the petitioners are triable by Court of Magistrate.

6. Heard the learned counsel for the parties at Bar. Perused the material available on record.

7. Having regard to the facts and circumstances of the case and upon a careful 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 petitioners under Section 438 Cr.P.C (482 BNSS).

8. Accordingly, these bail applications are allowed and it is directed that in the event of arrest of petitioner- (1) Ravindra Singh S/o Dalpat Singh, (2) Virendra Singh S/o Shri Jalam Singh and (3) Radheyshyam S/o Ramlal in connection with FIR No.24/2023, registered at Police Station Khinwara, District Pali, the petitioners shall be released on bail; provided each of them 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 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.

9. A copy of this order be placed in each file.