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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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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