The Court granted anticipatory bail to the appellant considering the circumstances of the case and the fact that the appellant had been cooperating with the investigation while under interim protection.

Leave granted.

This appeal challenges the order dated 16.01.2026 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Miscellaneous Bail Application No. 14396/2025 for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’).

This criminal appeal arises out of crime registered pursuant to FIR No. 286 of 2025 dated 29.10.2025 lodged with PS Saira, District Udaipur, registered under Sections 409 and 467 of the Indian Penal Code, 1860. Anticipating arrest in connection with this crime, the appellant preferred Criminal Miscellaneous Bail Application No. 14396/2025 for anticipatory bail before the High Court of Judicature for Rajasthan at Jodhpur.

By impugned order dated 16.01.2026, the High Court rejected the plea for anticipatory bail. Therefore, the instant appeal has been preferred.

By order dated 02.02.2026, while issuing notice, this Court granted interim protection in favour of the appellant.

We have heard learned counsel for the appellant and learned counsel for the respondent and perused the material on record.

Learned counsel for the appellant submitted that the investigation is almost conclusive and the appellant has been cooperating with the investigation; that the allegations as against the appellant herein are, in fact, false. However, pursuant to the interim order granted by this Court there has been no dereliction on the part of the appellant in cooperating with the investigation. In the circumstances, the interim order passed by this Court on 02.02.2026 may be made absolute and relief of anticipatory bail may be granted to the appellant herein.

Per contra, learned counsel for the respondent/State with reference to his counter affidavit submitted that there is no merit in this appeal; that the High Court was justified in declining to grant the relief of anticipatory bail to the appellant herein. Hence, the appeal may be dismissed.

He further submitted that the investigation is almost concluded and the charge sheet would be filed shortly as against the appellant herein.

Considering the circumstances on record, in our view, the appellant is entitled to the relief of anticipatory bail claimed.

We, therefore, allow this appeal and set aside the impugned order passed by the Rajasthan High Court at Jodhpur. We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties.

It is directed that the appellant shall extend complete cooperation in the ensuing investigation and trial, if any.

The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.

Any breach of the aforesaid conditions may entail in cancellation of anticipatory bail granted by this Court.

With the aforesaid directions, the criminal appeal is allowed.