[2025:RJ-JP:42726]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13430/2025 Bharat Kumar Alias Bharatlal Tanwani S/o Shri Prakash Chand Tanwani, Aged About 35 Years, R/o New Bapu Nagar, I-425, Bhilwara, Police Station Pratap Nagar, District Bhilwara.

----Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Ashish Gausinga, Adv.

For Respondent(s) : Ms. Arti Sharma, PP with Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN

Order

17/10/2025

1. The present bail application has been filed under Section 482 BNSS in connection with FIR No.131/2024 registered at Police Station Kotwali, District Sawai Madhopur for the offence(s) under Sections 420, 467, 468, 471, 120-B of IPC and 66C, 66D of the IT Act and 3/4 of RPGO Act.

2. Learned counsel for the applicant has submitted that the FIR in question is registered at the behest of the police authority, the ingredients of an offence under Section 420 of the IPC are not prima facie made out and the police cannot directly register the FIR. It is submitted that the sentence prescribed under the RPGO Act is less than three years. It is also submitted that the applicant is ready to join the investigation.

3. Learned counsel has placed reliance on Sanjay Kumar Vs. State of Rajasthan passed in SB Criminal Misc. Petition No.3037/2022

4. Per contra, learned Public Prosecutor has opposed the anticipatory bail application.

5. Heard and considered the matter.

6. Considering the submissions made by the learned counsel for the parties and considering the fact that the sentence prescribed under the RPGO Act is less than three years; that the applicant is ready to join investigation, therefore, looking to the overall facts and circumstances of the case and material on record, this Court deems it appropriate to allow the anticipatory bail application, subject to the condition that the accused-applicants will join investigation on 30.10.2025 at 11:00 am, before the concerned Investigating Officer.

7. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kotwali, District Sawai Madhopur in F.I.R. No. 131/2024 is directed that in the event of arrest of the accused-applicant- Bharat Kumar Alias Bharatlal Tanwani 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 on the following conditions:-

(i) that the applicant shall make himself available for interrogation by a police officer as and when required; and if the applicant fails to join and render due cooperation in the investigation or does not mark appearance before the concerned authority, as directed hereinabove, the present order allowing anticipatory bail to the applicant shall cease to operate;

(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.

(SAMEER JAIN),J CHANDAN /363