Mausam, Son of Fannu v. State of Rajasthan, Through PP
2025-03-26
PRAVEER BHATNAGAR
body2025
DigiLaw.ai
Order : PRAVEER BHATNAGAR, J. 1. Apprehending his arrest in connection with FIR No.235/2024, registered at Police Station Khoh, District Deeg, for the offence(s) under Sections 303(2), 308(2), 313, 317(2), 317(4), 317(5), 319(2), 318(4), 338, 336(3), 340(2) and 61(2)(a) of B.N.S. and Section 66-D of I.T. Act, the accused-petitioner has preferred this criminal misc. bail application under Section 482 of B.N.S.S. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is argued that the main allegation is against the other co-accused, from whose possession several Mobile Phones, Sim Cards and ATM Cards were recovered. The other co-accused named the present petitioner in the alleged crime. The accused-petitioner has not used any Mobile phones for creating fake IDs and sending obscene videos, there are no criminal antecedents against the accused- petitioner, custodial interrogation of the accused-petitioner is not required. The alleged offences are exclusively triable by Magistrate and the accused-petitioner is ready and willing to co-operate with the investigation, therefore, the anticipatory bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of anticipatory bail application. 4. Heard and perused the material available on the record. 5. Considering the fact that the recovery of Mobile Phones, Sim Cards and ATM Cards were effected from the other co-accused and they have already been enlarged on regular bail. Apart from the disclosure statements of the other co-accused, there are no other substantive evidence available on record indicating the fact that the petitioner in connivance with the other co-accused created false ID and deceived the public at large. The custodial interrogation of the accused-petitioner is not required and the accused-petitioner is ready and willing to co-operate with the investigation, therefore, without expressing anything on the merits of the case, I deem it just and proper to allow the instant anticipatory bail application of the accused-petitioner. 6.
The custodial interrogation of the accused-petitioner is not required and the accused-petitioner is ready and willing to co-operate with the investigation, therefore, without expressing anything on the merits of the case, I deem it just and proper to allow the instant anticipatory bail application of the accused-petitioner. 6. Accordingly, the anticipatory bail application under Section 482 of B.N.S.S. is allowed and it is ordered that in the event of arrest of the accused-petitioner- Mausam Son Of Fannu, in connection with FIR No.235/2024, registered at Police Station Khoh, District Deeg, 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 them from disclosing such facts to the court or any police officer. (iii) that the petitioner shall not leave India without previous permission of the court. (iv) that the petitioner would submit his Mobile Phones and Sim Cards before the Investigating Agency, if the petitioner fails to submit his Mobile Phones and Sim Cards then the anticipatory bail will stand cancelled.