Citation : 2026 Latest Caselaw 5601 Raj
Judgement Date : 10 April, 2026
[2026:RJ-JD:16822]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 266/2026
Manoj Rao S/o Shri Bhanwar Lal, Aged About 50 Years, R/o
Nimaj , Teshil Jaitaran, Police Station Jaitaran, District Beawar,
Rajasthan
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. AD Ujjwal
For Respondent(s) : Mr. HS Jodha, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
10/04/2026
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.193/2023
dated 28.11.2023 registered at Police Station Barr, District Beawar
for the offences under Sections 420, 406, 409, 467, 468 and 120-
B IPC.
2. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the present case. He submits that
similarly situated co-accused, namely Champa Devi, has already
been granted anticipatory bail by a Coordinate Bench of this Court
vide order dated 08.01.2025 passed in S.B. Criminal Misc. Bail
Application No. 9141/2024. The said order is reproduced
hereunder:-
"This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR. No.193/2023,
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registered at Police Station Bar, District Beawar for the offences under Sections 420, 406, 409, 467, 468 and 120-B of IPC.
Learned counsel for the petitioner submitted that pursuant to the interim order dated 23.07.2024 passed by co-ordinate Bench of this Court, the petitioner has already joined the investigation and has submitted all the requisite documents to the Investigating Officer.
Learned counsel submitted that the petitioner does not have any criminal antecedents. Learned counsel submitted that looking to the nature of the allegations levelled against the present petitioner, her custodial interrogation is not necessiated in the present case and therefore, no fruitful purpose would be served by sending the petitioner behind the bars. On these grounds, learned counsel implored the Court to enlarge the petitioner on anticipatory bail.
Learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail. However, he was not in a position to refute the fact that the petitioner does not have any criminal antecedents and she has already joined the investigation pursuant to the interim order dated 23.07.2024 passed by the co-ordinate Bench of this Court.
Heard the learned counsel for the parties at Bar and perused the impugned order.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C. (482 BNSS).
Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner- Champa Devi W/o Shri Dhanna Ram in connection with FIR. No.193/2023, registered at Police Station Bar, District Beawar, the petitioner shall be released on bail; provided she furnishes a personal bond in the sum of Rs.50,000/- each 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 shall make herself 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
(iii). that the petitioner shall not leave India without previous permission of the court.
Learned counsel for the petitioner submits that the case of
the present petitioner is not distinguishable with that of co-
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accused, namely Champa Devi. He further submits that the
petitioner has deposited an amount of Rs. 98,500/- with the
concerned department. He also submits that, in compliance with
the interim order dated 09.02.2026 passed by the Coordinate
Bench of this Court, the petitioner has joined the investigation and
the petitioner has no previous criminal antecedents, thus, he
urges that the petitioner deserves to be granted the indulgence of
pre-arrest bail.
3. Per contra, learned Public Prosecutor opposes the bail
application; however, he is not in a position to refute the fact that
a similarly situated co-accused, namely Champa Devi, has already
been granted anticipatory bail by a Co-ordinate Bench of this
Court, and that the case of the present petitioner is not
distinguishable from that of the said co-accused.
He is also unable to dispute that the petitioner has no criminal
antecedents and has already joined the investigation in
compliance with the interim order dated 09.02.2026 passed by the
Co-ordinate Bench of this Court.
4. Having regard to the entirety and totality of the facts and
circumstances on record and upon due consideration of the
arguments advanced at the Bar, this Court, without expressing
any opinion on the merits of the case and in view of the likelihood
that the trial will take a long time to conclude, is of the opinion
that the present case is a fit one for the grant of
pre-arrest/anticipatory bail to the petitioner under Section 482
BNSS (formerly Section 438 Cr.P.C.).
5. Accordingly, the bail application is allowed and it is directed
that in the event of arrest of petitioner Manoj Rao S/o Shri
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Bhanwar Lal,, he shall be released on bail in relation to the F.I.R.
No.193/2023 dated 28.11.2023 registered at Police Station Barr,
District Beawar, provided that 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 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
(iii) that the petitioner shall not leave India without previous permission of the court.
(DR.NUPUR BHATI),J surabhii/59-
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