The court emphasized that actions showing disregard for judicial authority justify denial of anticipatory bail.

Order

23/09/2025 This anticipatory bail application has been filed by the petitioners under Section 482 of BNSS apprehending their arrest in connection with FIR No.97/2025 registered at Police Station Sadri, District Pali for the offences under Sections 331(4), 305 (A), 132, 352, 324(2) BNS.

2. Learned counsel for the petitioners submits that the petitioners had neither broken the lock of the alleged property nor entered into the premises. They have been falsely implicated in this case just to disrepute their image and goodwill in the society. It is further submitted that the petitioners are being apprehended on concocted grounds and to settle the grievance.

3. Learned counsel for the petitioners has further argued that similarly situated co-accused has already been released on bail by this Court vide order dated 20.08.2025 and the case of the present petitioners stands on same footing. It is also submitted that there is no apprehension upon petitioners being absconding or tempering with the prosecution evidence and thus, no fruitful purpose would be served by sending the petitioners behind the bars. It is, therefore, prayed that the petitioners may be extended the benefit of anticipatory bail.

4. Learned Public Prosecutor has vehemently opposed the anticipatory bail application.

5. Heard the learned counsel for the parties and perused the impugned order.

6. This Court vide order dated 03.09.2025 directed the Public Prosecutor to procure the factual report on the next date of hearing. In compliance thereof, the learned Public Prosecutor has place on record the factual report.

7. As per the factual report, the statements of witnesses Sarfaraz Ali, Lalit Paliwal and Jaipal Singh under section 180 BNSS have been recorded. From the evidence available on record, it is found that the accused Latif Shah, his brother Dilawar Shah, mother and wife had entered the house by breaking the window and the lock of the room and used the goods for living in it. When the court staff went there to get the possession, they obstructed and caused damage by breaking the lock put by the court. It is found that offences under sections 331(3), 132, 324(2) 3(5) BNS 2023 have been proved against all the three accused. After investigation, accused Latif Shah has been sent in judicial custody. Accused Dilawar Shah and Smt. Bibi are absconding after the said incident and are being searched for and warrants have also been issued against them. Charge sheet against accused Latif Shah has been filed and an incomplete charge sheet has been filed against the absconding accused Dilawar Shah and Smt. Bibi.

8. A careful examination of the above factual report clearly reveals the conduct of the present petitioners. Despite the Court having officially sealed the premises, the petitioners deliberately entered the sealed area. This act itself reflects a blatant disregard for the authority and orders of the Court. Furthermore, the petitioners obstructed the staff who had been lawfully appointed by the Court to carry out the duties. By interfering with and blocking the staff, the petitioners demonstrated a willful intent to impede the lawful process and prevent the execution of the order of the Court. Such conduct clearly shows a deliberate defiance of judicial authority and an intention to hinder justice. The petitioners’ deliberate and obstructive behavior does not deserve them for extending the benefit of anticipatory bail.

9. As regards the contention raised by the learned counsel for the petitioners that co-accused Latif Shah has already been released on bail by this Court vide order dated 20.08.2025 in SB Criminal Misc. Bail Application No.8292/2025 and the c