[2025:RJ-JD:49248]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5508/2025 Mahipal S/o Omprakash, Aged About 25 Years, R/o Barna, Dist.

Jodhpur (Raj.)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Prakash Kumar For Respondent(s) : Mr. Deepak Choudhary, AAG with Mr. Urja Ram Kalbi, PP Mr. Vinit Kumar Bansal, DCP (W)

Mr. Somkaran, SHO, PS Devnagar HON'BLE MR. JUSTICE RAVI CHIRANIA

Order

14/11/2025

1. This anticipatory bail application under Section 482 B.N.S.S. has been filed by the petitioner against the order dated 21.04.2025 passed by learned District and Session Court, Jodhpur, District Jodhpur, in Criminal Misc. Case No. 64/2025 arising out of FIR No.90/2025 registered at Police Station Devnagar, District Jodhpur for the offences punishable under Sections 64(1) and

308(2) of B.N.S.S.

2. Learned counsel for the petitioner submits that the petitioner and the complainant both are majors and he has not committed such offence. He specifically referred to the chats as took placed between both the persons which disclosed their personal relationship which prima facie does not show any offence as reported by way of FIR. Learned counsel prayed that the petitioner may be enlarged on bail by this Court on exercise of power under Section 482 B.N.S.S.

3. Learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail.

4. Heard the learned counsel for the parties. This Court noted that the Investigation officer even after passing of 6-7 months has failed to complete the investigation and recover the chats of other digital evidence in the present case. After hearing Mr. Vinit Kumar Bansal, DCP who is present before the Court, this Court is inclined to allow this anticipatory bail, more specifically the serious chats originated from the complainant, to the petitioner under Section 482 B.N.S.S. (438 Cr.P.C).

5. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner – Mahipal S/o Omprakash in connection with FIR No.90/2025 registered at Police Station Devnagar, District Jodhpur, the petitioner shall be released on bail; provided he furnish a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

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

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

6. Mr. Vinit Kumar Bansal, DCP is directed to get the investigation done under subordination by taking necessory documents from the present petitioner and taken an action against the complainant in case the allgations are found to be otherwise.

(RAVI CHIRANIA),J

426-neha/-