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2026 Supreme(Online)(Raj) 12199

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Pramil Kumar Mathur, J
ALISHER S/O RAMJAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Criminal Miscellaneous Bail Application No. 4919/2026



Advocates:
For the Appellants/Petitioners: Ravindra Kumar Paliwal, Ankit Khandelwal
For the Respondents: Jaiprakash Tiwari

Anticipatory bail may be granted when the petitioner demonstrates willingness to cooperate with the investigation, there is no pending recovery, and parity exists with a co-accused already granted bail.

Headnote:(A) Criminal Procedure - Anticipatory Bail - Parity and Cooperation - Grant of bail is justified where the petitioner is willing to cooperate with the investigation, no recovery is pending from the petitioner, and a co-accused with primary allegations has already been granted bail. (Para 3, 5)

Issues: Whether the petitioner is entitled to the benefit of anticipatory bail given the lack of prima facie material and willingness to cooperate with the investigation.

Table of Content
1. application for anticipatory bail under section 482 bnss. (Para 1 , 2)
2. arguments for bail based on parity with co-accused and lack of direct evidence. (Para 3 , 4)
3. grant of bail subject to cooperation with investigation and specific conditions. (Para 5 , 6)

Order

1. Apprehending his arrest in connection with FIR No.214/2025 registered at Police Station-Jurhara, District-Deeg for the offences under Sections 303(2), 317(2), 4 and 25 of BNS, the petitioner has preferred this bail application under Section 482 BNSS.

2. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.

3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that the allegations in the FIR are against co-accused Arju @ Ajruddin, who has already been granted the benefit of bail by a co-ordinate Bench of this Court vide order dated 26.02.2026. He submits that no recovery is to be effected from the present petitioner, as the recovery has already been effected from co-accused Ajru. He further contended that, as per the contents of the FIR itself, the main allegations are against Arju. Learned counsel argued that there is no involvement of the petitioner and that he has been implicated only on the basis of the statements of the co-accused. He again submits that there is no prima facie material connecting the petitioner with the offence alleged. He contended that custodial interrogation is not required and that the petitioner is ready to cooperate with the investigation. Hence, the bail application of the petitioner may be allowed.

4. Learned Public Prosecutor has vehemently opposed the bail application, but he is unable to refute the arguments raised by learned counsel for the petitioner.

5. Considering the fact that the petitioner is ready and willing to co-operate with the investigation of the case, without commenting anything on the merits/demerits of the case, I deem it just and proper to allow the bail application of the petitioner.

6. Accordingly, the bail application under Section 482 BNSS is allowed and it is ordered that in the event of arrest of the petitioner- Alisher S/o Ramjan, he shall be released on bail on his furnishing 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 petitioner shall make himself available for interrogation by a police officer as and when required;

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

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