Allowed

Shankar Lal Buri S/O Sh. Jagdish Buri v. the State of Rajasthan

Rajasthan HC18 Sept 2024CRLMB/3976/2024

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application wherein the High Court of Rajasthan allowed anticipatory bail to the petitioners under Section 438 Cr.P.C. in connection with offences under Mines and Minerals Act and IPC, without expressing opinion on merits, directing them to furnish a bond.

What did the court decide?

Applicants released on bail via personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each upon fulfillment of specified conditions.

Shankar Lal Buri S/O Sh. Jagdish Buri Vs the… — Mining and Natural Resources | Rajasthan HC (2024)

¶1

[2024:RJ-JP:39500]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 3976/2024

¶4

Shankar Lal Buri S/o Sh. Jagdish Buri, R/o Village Gajadharpura, Police Station Kalwar, District Jaipur.

¶5

Bholuram Buri S/o Sh. Jagdish Buri, R/o Village Gajadharpura, Police Station Kalwar, District Jaipur.

¶6

----Petitioners

¶7

Versus

¶8

The State Of Rajasthan, through PP

¶9

----Respondent

¶10

For Petitioner(s)	: Mr. Junaid Khan
For Respondent(s)	: Ms. Arti Sharma, Public Prosecutor
	with Mr. Manvendra Singh, Public Prosecutor

¶11

HON'BLE MR. JUSTICE GANESH RAM MEENA

¶12

Order

¶13

18/09/2024

¶14

Apprehending their arrest in connection with FIR No.103/2024 registered at Police Station Kalwar, District Jaipur (West) for the offences under Section 4/21 of the Mines & Minerals (Development & Regulation) Act, 1957 and Section 379 IPC, the petitioners have preferred this anticipatory bail application under Section 438 Cr.P.C.

¶15

Learned counsel for the petitioners submits the accusedpetitioners have falsely been implicated in this case. Learned counsel further submits that the petitioners have no criminal antecedents and the bail application of the co-accused under Section 439 Cr.P.C. has already been allowed by the learned trial Court. Learned counsel also submits that the petitioners ready to

(2 of 3)

[2024:RJ-JP:39500]

[CRLMB-3976/2024]

cooperate with the investigation, therefore, they may be extended the benefit of anticipatory bail.

¶20

Learned Public Prosecutor vehemently opposed the anticipatory.

¶21

Considered the submissions made by learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material facts available on record.

¶22

Having considered the allegations against the petitioners and so also the fact that the co-accused has already been enlarged on bail, this Court without expressing any opinion on the merits/demerits of the case, deems just and proper to extend the benefit of anticipatory bail application to the petitioners.

¶23

Accordingly, the anticipatory bail application under Section 438 Cr.P.C. is allowed and it is ordered that in the event of arrest of the petitioners named above in connection with FIR No.103/2024 registered at Police Station Kalwar, District Jaipur (West) shall be released on bail, provided they furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

¶24

(i) that the petitioners shall make themselves available for interrogation by a police officer as and when required;

¶25

(ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case

[2024:RJ-JP:39500]

[CRLMB-3976/2024]

(3 of 3)

so as to dissuade him from disclosing such facts to the court or any police officer, and