Saddam S/O Sirdar Vs State of Rajasthan

Apprehending his arrest in connection with FIR No. 271/2024 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 BNS and Section 66-D of IT Act, the petitioner has preferred this anticipatory bail application under Section 482 BNSS.

Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in this case. The offences alleged to have been committed by the petitioner are triable by Magistrate. The petitioner has been solely implicated in this case on the basis of disclosure statement of other co-accused. Recovery mobile phones, sim cards and ATM cards etc. have already been effected from the possession of other co-accused. The petitioner is ready and willing to cooperate with the investigation. Custodial

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investigation of the accused-petitioner is not required. Therefore, the benefit of bail may be granted to the accused-petitioner.

I have considered the overall allegations levelled in the FIR and contentions made by the counsel for the parties. 5. Looking to the fact that recovery of sim cards and mobile phones etc. were effected from the possession of other co accused, who have already been enlarged on bail. Custodial investigation of the accused petitioner is not required. The offences alleged to have been committed by the petitioner are exclusively triable by Magistrate and accused-petitioner is ready and willing to cooperate with the investigation, without expressing anything on the merits of the case, I deem it just and proper to allow the anticipatory bail application of the accused-petitioner.

Accordingly, the anticipatory bail application under Section 482 BNSS is allowed and it is ordered that in the event of arrest of the petitioner- Saddam S/o Sirdar, in connection with FIR No. 271/2024 registered at Police Station Khoh, District Deeg, he shall be released on bail, provided he furnishs a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- 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

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