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2026 Supreme(Online)(Raj) 15155

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Ashok Kumar Jain, J
RAMLAXMAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Criminal Miscellaneous Bail Application No. 13698/2025



Advocates:
For the Appellants/Petitioners: Suresh Kumar Bishnoi
For the Respondents: Lalit Kishore Sen, PP

Anticipatory bail may be granted when the investigation does not necessitate custodial interrogation, the applicant has no prior criminal record, and there is a commitment to cooperate with the investigating agency.

Headnote:The petitioner sought anticipatory bail under Section 438 of Cr.P.C. (Section 482 of BNSS) in relation to FIR No. 258/2025 registered for an alleged offence under Section 119(1) of BNS. The petitioner contended false implication, highlighted a delay in filing the FIR, and cited parity with co-accused who had already been granted bail. The court found that the matter was at the investigation stage and the material on record indicated that custodial interrogation was not necessary. The primary issue was whether the petitioner was entitled to anticipatory bail given the nature of the allegations and the stage of investigation. The court reasoned that since the petitioner had no criminal antecedents and had assured full cooperation with the investigating agency, the requirements for granting anticipatory bail were met without expressing an opinion on the petitioner's specific role. In view of the facts and circumstances of the case, the bail application under Section 438 Cr.P.C. (Now, 482 B.N.S.S), is hereby allowed.

Table of Content
1. application for anticipatory bail based on claims of false implication and parity with co-accused. (Para 1 , 2 , 3)
2. determination that custodial interrogation is unnecessary due to lack of criminal antecedents and assurance of cooperation. (Para 4 , 5)
3. grant of anticipatory bail subject to specific conditions to ensure investigation integrity. (Para 6 , 7)

Order

1. This instant bail application under Section 438 of Cr.P.C. (482 of BNSS) has been preferred by the petitioner-applicant for seeking anticipatory bail in event of arrest in connection with FIR No.258/2025 dated 25.10.2025 registered at P.S. Panchu, District – Bikaner for alleged offence under Section 119(1), BNS.

2. Learned counsel for the applicant submits that the applicant has falsely implicated in a concocted criminal case. He also submitted that complainant has registered FIR on 25.10.2025 for incident on 23.10.2025 under Section 119(1) of BNS. He further submitted that the petitioner is a law abiding citizen having no previous criminal antecedents, but he assure full cooperation with Investigating Agency. Learned counsel also submits that learned Additional Sessions Judge, Nokha has already granted anticipatory bail to two accused Sandeep and Vikas. Lastly, learned counsel for the petitioner contended that accused Manish, who was arrested by police has already been released on bail and same has been stated by him as one of the grounds for pursuing the instant bail application.

3. Learned Public Prosecutor has opposed the bail application and submitted that the allegations against the petitioner are grave and serious, therefore, at the stage of investigation, the petitioner-applicant, is required for investigation, hence, he is not entitled to grant anticipatory bail.

4. Heard learned counsel for the petitioner-applicant and learned Public Prosecutor. Perused the material available on record submitted by both the parties.

5. Having considered the police report and the material placed on record for perusal, the matter is still at the investigation stage, but the investigation so far indicates that the petitioner-applicant is not required for custodial interrogation. Considering the assurance of cooperation and also the fact that there is no criminal antecedents against the petitioner-applicant, without expressing any opinion on role of the present petitioner-applicant, it is appropriate to grant anticipatory bail.

6. In view of the facts and circumstances of the case, the bail application under Section 438 Cr.P.C. (Now, 482 B.N.S.S), is hereby allowed and it is ordered that in the event of arrest of petitioner-applicant in connection with FIR No.258/2025 dated 25.10.2025 registered at P.S. Panchu, District – Bikaner for offence under Section 119(1) of BNS, the applicant Ramlaxman S/o Shri Harchandram shall be released on bail upon furnishing a personal bond of Rs.25,000/- with two sureties of like amount to the satisfaction of the Investigating Officer on the following conditions:-

(i) Till completion of investigation, the applicant shall not leave the jurisdiction of the concerned India without prior permission of the concerned Court.

(ii) The applicant shall make himself available for interrogation by the Investigating Officer as and when required in relation to present criminal case.

(iii) 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 them from disclosing such facts to the Investigating Officer during investigation.

(iv) The applicant shall not tamper with any evidence or try to influence any witness in any manner.

(v) The applicant shall disclose his passport number, if any, to Investigating Officer and shall not leave the Country without prior permission from the concerned Court.

(vi) The applicant shall not indulge in any criminal activity and shall not repeat any criminal offence punishable

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