Parity in relief is a significant consideration where co-participants are already at liberty and the recovery of property has been completed, rendering custodial interrogation unnecessary, provided the applicant adheres to conditions ensuring procedural cooperation and compliance.

ORDER :

SAMEER JAIN, J.

1. The present bail application has been filed under Section 482 BNSS in connection with FIR No. 03/2024 registered at Police Station Kotwali Sawai Madhopur District Sawai Madhopur for the offence(s) under Section 380 of IPC and the learned Trial Court amidst the offences under Sections 457, 380 and 411 of IPC dismissed the bail application before it.

2. Learned counsel for the accused-applicant has submitted that FIR in the instant matter is registered with a delay of approximately 13 days. It is submitted that the instant matter pertains to theft of mobile phones from the shop, and that the co- accused have already been enlarged on bail. It is further submitted that the recovery of the stolen items has taken place from the co-accused. It is submitted that the applicant is ready to abide by the conditions, if any, imposed by this Court while granting the concession of bail and is also willing to join the investigation as and when directed.

3. Per contra, learned Public Prosecutor has vehemently opposed the present bail application.

4. Having heard the contentions made by the counsel representing both the parties, upon a perusal of the material available on record and taking note of the fact that that FIR in the instant matter is registered with a delay of approximately 13 days; that the instant matter pertains to theft of mobile phones from the shop, and that the co-accused have already been enlarged on bail; that the recovery of the stolen items has taken place from the co-accused; this Court is inclined to allow the anticipatory bail application.

5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kotwali Sawai Madhopur, District Sawai Madhopur in F.I.R. No. 03/2024 is directed that in the event of arrest of the accused-applicant Kaushal Kumar S/o Mukesh Kumar, he shall be released on bail, provided he 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. Withal, following conditions are also imposed upon the applicant:-

(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

(ii) that the applicant 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 applicant shall not leave India without previous permission of the court.