Bhanwar Singh vs State Of Rajasthan (2023:Rj-Jd:39823)
2023 Latest Caselaw 9952 Raj

Citation : 2023 Latest Caselaw 9952 Raj
Judgement Date : 21 November, 2023

Rajasthan High Court - Jodhpur

Bhanwar Singh vs State Of Rajasthan (2023:Rj-Jd:39823) on 21 November, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:39823]

          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
     S.B. Criminal Miscellaneous Bail Application No. 14499/2023

Bhanwar Singh S/o Shri Nathu Singh, Aged About 73 Years, R/o
Jirwara Charbhuja Dist. Rajsamand
                                                                            ----Petitioner
                                         Versus
1.          State Of Rajasthan, Through Pp
2.          Puran Singh S/o Tej Singh, R/o Khediya Ka Kuan Pakhand
            Nathdwara Dist. Rajsamand
                                                                      ----Respondents


For Petitioner(s)              :     Mr. Tarun Dhaka
For Respondent(s)              :     Mr. Mahipal Bishnoi, AGA
                                     Mr. Ashok Kumar Godara



                   HON'BLE MR. JUSTICE FARJAND ALI

Order

21/11/2023

1. The jurisdiction of this court has been invoked by way of

filing an application under Section 438 CrPC at the instance of

accused-petitioner. The requisite details of the matter are

tabulated herein below:

S.No.                           Particulars of the Case

     2.    Concerned Police Station                 Rajnagar
     3.    District                                 Rajsamand
     4.    Offences alleged in the FIR             Sections 420, 467, 468, 471
                                                   & 120B of IPC
     5.    Offences added, if any
     6.    Date   of    passing                of 30.10.2023
           impugned order


2.        Having      apprehension       of    being      arrested     in     the   afore-

mentioned matter, the petitioner has prayed for anticipatory bail

[2023:RJ-JD:39823] (2 of 3) [CRLMB-14499/2023]

on the ground that no case for the alleged offences is made out

against him and his incarceration is not warranted. There are no

factors at play in the case at hand that may work against grant of

anticipatory bail to the accused-petitioner and he has been made

an accused based on conjectures and surmises.

4. Contrary to the submissions of learned counsel for the

petitioner, learned Public Prosecutor as well as learned counsel for

the complainant has opposed the bail application and submitted

that the present case is not fit for grant of anticipatory bail.

5. I have considered the submissions made by both the parties

and have perused the material available on record. The offences

involved in case are triable by a Court of Magistrate, for which the

provisionscontained under Section 41 and 41A of the CrPC are

applicable mutatis mutandis and the judgment rendered by

Hon'ble Supreme Court in the case of Arnesh Kumar v. State of

Bihar [AIR 2014 SC 2756] applies squarely in the present case,

where custodial investigation would not be required.

6. I have considered the submission that the petitioner is

neither the beneficiary of the deed for which it alleged that the

same is a forged document. The deed got executed in the year

2020 in which he is a witness only. It is not a case where custodial

interrogation would be required, he is ready to co-operate with the

investigation. Considering the over all facts and circumstances of

the case, it is deemed suitable to grant the benefit of anticipatory

bail to the petitioner in the present matter. Needless to say, none

of the observations made herein under shall affect the rights of

[2023:RJ-JD:39823] (3 of 3) [CRLMB-14499/2023]

either of the parties during trial and this Court refrains from

commenting on the niceties of the matter.

7. Accordingly, the instant bail application under Section 438

Cr.P.C. is allowed. The S.H.O/I.O/Arresting Officer of the

concerned Police Station is directed that in the event of arrest of

the petitioner in connection with the FIR, details of which have

been given in tabular form above, he shall be released on bail,

provided he furnishes 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