[Cites 11, Cited by 0]
Rajasthan High Court - Jodhpur
Sabir Ali vs State Of Rajasthan (2026:Rj-Jd:13683) on 23 March, 2026
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2026:RJ-JD:13683]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13007/2025
1. Sabir Ali S/o Shri Alim Khan, Aged About 50 Years, Near
Bal Niketan School Dhobi Talai Bikaner
2. Shiv Shankar S/o Shri Kishan, Aged About 25 Years, Road
No 7 Industrial Area Bikaner
3. Balkishan S/o Shri Poonamchand, Aged About 44 Years,
Near Panchmukha Hanuman Ji Mandir Rani Bazar Bikaner
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 13009/2025
1. Sabir Ali S/o Shri Alim Khan, Aged About 50 Years, Near
Bal Niketan School Dhobi Talai Bikaner
2. Shiv Shankar S/o Shri Kishan, Aged About 25 Years, Road
No. 7 Industrial Area Bikaner
3. Balkishan S/o Shri Poonamchand, Aged About 44 Years,
Near Panchmukha Hanuman Ji Mandir Rani Bazar Bikaner
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shreedhar Purohit
For Respondent(s) : Mr. Urja Ram Kalbi, PP
Mr. Deepak Menaria, for complainant
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
23/03/2026
1. Learned counsel for the petitioners submits that qua the
petitioners No.1 - Sabir Ali and No.2 - Shiv Shankar, the
anticipatory bail applications have rendered infructuous.
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2. In view of the submission made, the anticipatory bail
applications qua the petitioners No.1 - Sabir Ali and No.2 - Shiv
Shankar are dismissed as having become infructuous.
3. Apprehending the arrest the petitioner No.3 - Balkishan in
connection with FIR No. 480/2023 registered at Police Station
Sadar Bikaner, District Bikaner for the offence(s) under Sections
420, 467, 468, 471, 406, 120-B of IPC and FIR No. 492/2023
registered at Police Station Sadar Bikaner, District Bikaner for the
offence(s) under Sections 420, 406, 467, 468, 471, 120-B, 447 of
IPC respectively, the accused-petitioner No.3 has preferred these
anticipatory bail applications under Section 438 Cr.PC (Now 482
BNSS).
4. Learned counsel for the accused-petitioner No.3 submits that
accused-petitioner has falsely been implicated in this case solely
on the basis of the matrimonial dispute occurred between
petitioner No.3 and his wife (complainant). It is argued that the
matter is exclusively triable by Magistrate, the accused-petitioner
is ready and willing to cooperate with the investigation and
custodial interrogation of the accused-petitioner is not required,
therefore, anticipatory bail applications of the accused-petitioner
may be allowed.
5. Learned counsel for the petitioner placed reliance on the
judgment dated 16.08.2021, passed by the Hon'ble Supreme
Court in the case of Siddharth Vs. The State of Uttar
Pradesh; Criminal Appeal No.838/2021.
6. Per contra, learned counsel for the complainant submits that
the petitioner No.2 forged a power of attorney with regard to
complainant's immovable property, and thereafter, gifted the
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property to his own brother, thus, the petitioners have committed
offence under Section 467, 468, 471 read with 120B of the IPC.
The offences committed by the petitioners are punishable with life
imprisonment and other sentence, therefore, considering the
aforesaid facts, the anticipatory bail applications of the petitioner
deserves dismissal.
7. Learned Public Prosecutor has submitted the factual report
and also vehemently opposed the anticipatory bail applications.
8. Heard and perused the material available on record.
9. Pursuant to the Court's order, the petitioner No.3 appeared
before the investigating officer and submitted the alleged forged
documents. The Hon'ble Apex Court in the case of Siddharth
(supra) held that merely because an arrest can be made because
it is lawful does not mandate that arrest must be made. A
distinction must be made between the existence of the power to
arrest and the justification for exercise of it. If arrest is made
routine, it can cause incalculable harm to the reputation and self-
esteem of a person. If the Investigating Officer has no reason to
believe that the accused will abscond or disobey summons and
has, in fact, throughout cooperated with the investigation, then
there should not be a compulsion on the officer to arrest the
accused. Therefore, considering the aforesaid facts, this Court
deem it just and proper to allow the anticipatory bail applications
of the accused-petitioner.
10. Accordingly, these anticipatory bail applications under
Section 438 (Now 482 BNSS) are allowed and it is ordered that in
the event of arrest of the petitioner No.3 Balkishan S/o Shri
Poonam Chand, in connection with FIR No. 480/2023 registered
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at Police Station Sadar Bikaner, District Bikaner for the offence(s)
under Sections 420, 467, 468, 471, 406, 120-B of IPC and FIR No.
492/2023 registered at Police Station Sadar Bikaner, District
Bikaner for the offence(s) under Sections 420, 406, 467, 468,
471, 120-B, 447 of IPC respectively, 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 No.3 shall make himself
available for interrogation by a police officer as and
when required;
(ii) that the petitioner No.3 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 them from disclosing such facts
to the court or any police officer, and
(iii) that the petitioner No.3 shall not leave India
without previous permission of the court.
(PRAVEER BHATNAGAR),J
115-116/AnilKC/-
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