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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
IRSAD S/O AASMOHAMMAD – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 2096 / 2025
Order :
1. Apprehending their arrest in connection with FIR No.393/2024 registered at Police Station Pahari, District Deeg for the offence(s) under Sections 303(2), 317(2), 319(2), 318(4), 338, 336(3), 340(2), 308(2), 121(1), 132 and 61(2)(b) of BNS and Sections 66D & 67a of IT Act and Section 3 of PDPP Act , the petitioners have preferred these anticipatory bail applications under Section 482 B.N.S.S.
2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in the case. He further submits that the matter is exclusively triable by Magistrate. It is also contended that custodial investigation of the petitioners is not required and they are ready and willing to co-operate with the investigation, therefore, these anticipatory bail applications of the petitioners may be allowed.
3. Learned Public Prosecutor vehemently opposes the anticipatory bail applications.
4. Heard and perused the material available on record.
5. Considering the fact that the matter is exclusively triable by Magistrate and custodial investigation of the petitioners is not required and they are ready and willing to co-operate with the investigation, without commenting anything on the merits of the case, I deem it just and proper to allow the anticipatory bail applications of the petitioners.
6. Accordingly, the anticipatory bail applications under Section 482 B.N.S.S. are allowed and it is ordered that in the event of arrest of the petitioners namely- 1. Irsad S/o Aasmohammad 2. Shokin S/o Jabru 3. Mustkim S/o Jagrup & 4. Soyam S/o Fakru, in connection with FIR No.393/2024 registered at Police Station Pahari, District Deeg, 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 the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station 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 them 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.
Anticipatory bail granted when custodial investigation is not necessary and petitioners are willing to cooperate.
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 as custodial investigation not required; petitioners implicated as witnesses in alleged forgery, not beneficiaries.
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 granted when accused demonstrate willingness to cooperate with investigation and no necessity for custodial interrogation is established.
Anticipatory bail granted due to absence at the incident and compliance with investigation, emphasizing the need for cooperation and non-interference with witnesses.
The Court may grant anticipatory bail when the application demonstrates cooperation and non-inducement during trial, despite serious allegations.
The court may grant anticipatory bail based on the compromise between the parties and the petitioner's cooperation with the investigation.
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