[2025:RJ-JD:25157]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2235/2025

1. Mohammad Abid S/o Ahmad Rajak, Aged About 27 Years, R/o Kaluram Ki Bavdi, Jodhpur,raj.

2. Firoz @ Murgi W/o Sanaulla, Aged About 31 Years, R/o Eidgaha, 5Th Road, P.s. Pratap Nagar, Jodhpur,raj.

3. Virendra Jakhar @ Veera, Aged About 43 Years, R/o Bhopalgarh, Dist. Jodhpur,raj.

4. Swaroop Singh S/o Pappu Singh, Aged About 20 Years, R/

o Bhikholai, P.s. Phalsund, Jaisalmer,raj.

5. Rahul S/o Chiranjeevi Lal, Aged About 24 Years, R/o Bhurtiya, Near Balaji Mandir, P.s. Sursagar, Jodhpur,raj.

6. Jahagir S/o Zakir Khan, Aged About 24 Years, R/o New Bhakri Bass, Kalu Ramji Ki Vavdi Sursagar, Jodhpur,raj.

7. Prashant Jakhar S/o Mohanram, Aged About 28 Years, R/

o 346 D Shankar Nagar, P.s. Chopasani Housing Board, Jodhpur,raj.

----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Divik Mathur For Respondent(s) : Mr. Deepak Chaudhary ,AAG assisted by Mr. Sri Ram Choudhary Mr. Bansilal, RPS,ACP Headquarter Jodhpur HON'BLE MR. JUSTICE FARJAND ALI

Order

Reportable ORDER RESERVED ON ::: 07/04/2025 ORDER PRONOUNCED ON ::: 27/05/2025 BY THE COURT:-

1. By way of filing this instant Criminal Miscellaneous Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 482 Cr.P.C., the petitioners have approached this Court seeking quashing of the order dated 13.03.2025 passed by the learned Assistant Commissioner of Police & Executive Magistrate, Police Commissionerate, Jodhpur, whereby the petitioners were directed to be released on bail in proceedings under Sections 126, 170, and 130 of the BNSS, 2023, only upon furnishing a bond of Rs. 50,000/- each along with a character certificate to be produced by two sureties, one of whom must be a close family member.

2. Brief Facts of the Case:

The present petition arises out of proceedings initiated under Sections 126, 170, and 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023, against the petitioners, pursuant to an incident dated 12.03.2025 involving a property dispute at "Chandra Radhe Sweet Home", Jodhpur. It is alleged that the petitioners, claiming tenancy rights under a registered rent agreement dated 03.01.2025 with the shop owner Subhash Sharma, attempted to assert possession over the premises, which was allegedly encroached upon by third parties. This led to a police intervention based on information received about a public disturbance, resulting in the petitioners' arrest under Section 170 BNSS to maintain public peace. Two FIRs, bearing Nos. 55/2025 and 56/2025, were lodged by rival claimants of the property on identical facts. Meanwhile, a civil suit concerning the tenancy was already pending before the Rent Tribunal, Jodhpur, wherein an order dated 25.02.2025 had been passed in favour of the petitioners permitting peaceful possession. Subsequently, when the petitioners were presented before the Executive Magistrate, they were compelled to admit guilt in order to secure their release. Vide order dated 13.03.2025, were directed to maintain peace for six months and were granted bail only on furnishing a bond of Rs. 50,000 each along with two character certificates, one of which was to be provided by a close family member. The petitioners are aggrieved by this condition, terming it arbitrary and legally unsustainable, which has led to their continued detention.

3. Heard learned counsels present for the parties and gone through the materials available on record.

4. Having considered the facts and circumstances in entirety, this Court is compelled to observe that the conduct of the concerned Executive Magistrate (ACP, Headquarters) and the associated police officials reflects a distressing departure from the principles of fairness, legality, and procedural propriety that underlie the concept of rule of law.

5. It is evident that the Executive Magistrate, instead of acting in accordance with the limited preventive jurisdiction vested