Shubham vs Sate Of Rajasthan (2025:Rj-Jd:28226) on 1 July, 2025

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Rajasthan High Court – Jodhpur

Shubham vs Sate Of Rajasthan (2025:Rj-Jd:28226) on 1 July, 2025

Author: Nupur Bhati

Bench: Nupur Bhati

[2025:RJ-JD:28226]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
     S.B. Criminal Miscellaneous Bail Application No. 5752/2025

Shubham S/o Shanti Lal, Aged About 25 Years, R/o 141-A,
Devali Near Fateh Balaji Temple Devali Udaipur.
                                                                     ----Petitioner
                                      Versus
Sate Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)           :     Mr. Jitendra Ojha
For Respondent(s)           :     Mr. Prem Singh Panwar, PP


               HON'BLE DR. JUSTICE NUPUR BHATI

Order
01/07/2025

1. This anticipatory bail application has been filed by the

petitioner under Section 482 BNSS (previously 438 Cr.P.C.)

apprehending his arrest in connection with F.I.R. No.519/2023

dated 08.08.2023, registered at Police Station Ambamata, District

Udaipur, for the offences under Sections 406, 420, 467, 471, 419

and 120-B IPC.

2. Learned counsel for the petitioner submits that the petitioner

has been falsely implicated in this case as name of the petitioner

is not mentioned in the FIR. He further submits that the similarly

situated co-accused viz. Ayush Lodha (CRLMB No.2718/2024 vide

order dated 07.03.2024) and Chattar Singh (CRLMB

No.15765/2023 vide order dated 15.12.2023) have been granted

benefit of pre-arrest bail, whereas, the other accused viz. Ratan

Singh (CRLMB No.14352/2023 vide order dated 16.11.2023) and

Mohit (CRLMB No.12976/2023 vide order dated 20.10.2023) have

been granted benefit of regular bail by other Coordinate Benches

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[2025:RJ-JD:28226] (2 of 3) [CRLMB-5752/2025]

of this Court. Learned counsel for the petitioner, thus, urges, that

the present petitioner deserves indulgence of pre-arrest bail.

3. Per contra, Learned Public Prosecutor opposes the bail

application, however, is not in a position to refute the fact that the

petitioner has not been named in the FIR and also the fact that

the other co-accused persons viz. Ayush Lodha, Chattar Singh,

Mohit and Ratan Singh have been enlarged on anticipatory

bail/regular bail by the Coordinate Benches of this Court.

4. Having regard to the entirety of facts and circumstances of

the case as available on record and upon a consideration of the

arguments advanced at the Bar and considering the facts that

name of the petitioner is not mentioned in the FIR, the fact that

the co-accused persons have been granted benefit of bail by the

Coordinate Bench of this Court; and the fact that the trial will take

a long time to conclude, this Court is of the opinion that it is a fit

case for grant of pre-arrest/anticipatory bail to the present

petitioner under Section 482 BNSS (previously 438 Cr.P.C.).

5. Accordingly, the bail application is allowed and it is directed

that in the event of arrest of petitioner Shubham S/o Shanti

Lal, he shall be released on bail in relation to the F.I.R.

No.519/2023 dated 08.08.2023, registered at Police Station

Ambamata, District Udaipur; provided he furnishes a personal

bond in the sum of Rs.50,000/- along with two sureties of

Rs.25,000/- each to the satisfaction of the concerned

Investigating Officer/S.H.O. on the following conditions :-

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

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[2025:RJ-JD:28226] (3 of 3) [CRLMB-5752/2025]

(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.

(DR. NUPUR BHATI),J

248-/Devesh/-

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