Sangramsingh S/O Late Bhanwarsingh Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2025)

Sangramsingh S/O Late Bhanwarsingh Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Regular bail application accepted. Investigating Officer/Station House Officer, Police Station Adarsh Nagar (Ajmer), District Ajmer, directed that if the petitioner is arrested in the said FIR No. 263/2024, he be released on regular bail the same day, subject to furnishing and getting certified a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each (provided he is not wanted in any other case), on conditions: (1) he shall remain available to answer questions of the police officer as and when required; (2) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any police officer; (3) he shall not leave India without prior permission of the Court.

Issue for consideration

Whether the petitioner/accused Sangramsingh, arraigned in FIR No. 263/2024 of Police Station Adarsh Nagar (Ajmer) for offences under Sections 121(1) and 303(2) of the Bharatiya Nyaya Sanhita and Section 4/21 of the Khanan evam Khanij (Vikas ka Vinayaman) Adhiniyam, is entitled to regular bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, notwithstanding the prosecution's opposition.

Court's answer

The Court found that no necessity of custodial investigation/interrogation of the petitioner/accused arises with reference to him.

Ratio / Principle

The disputed land on which the excavation was allegedly being carried out is not of the ownership of the petitioner/accused.

Key takeaways

The registered owner of the vehicle from which the excavation was being carried out is the other co-accused (named in the record as Akshayraj), who has already been granted the benefit of regular bail by this Court (stated by counsel to be vide order dated 10-03-2025).ratio¶21
The amount of penalty of Rs. 19,15,000/- imposed by the Mining Department in the case has already been deposited by the other co-accused, and he has been granted the benefit of regular bail by this Court.ratio¶21
Considering all the aforesaid facts and circumstances, the Judge considered it appropriate to grant the petitioner/accused the benefit of regular bail and accepted his regular bail application; the investigating officer/station house officer, PS Adarsh Nagar (Ajmer), were directed that, in the event of the petitioner's arrest in the said FIR, he be released on bail the same day on furnishing a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each, subject to three conditions (availability to answer police questions; no inducement, threat or promise to any person acquainted with the case facts; not leaving India without prior permission of the Court).

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous Bail Application No. 4497/2025, order dated 02/04/2025, Praveer Bhatnagar, J. (neutral citation [2025:RJ-JP:14843]). Regular bail application under Section 482, Bharatiya Nagarik Suraksha Sanhita, by Sangramsingh (aged about 21 years) in FIR No. 263/2024, Police Station Adarsh Nagar (Ajmer), District Ajmer, for offences under Sections 121(1) and 303(2), Bharatiya Nyaya Sanhita, and Section 4/21, Khanan evam Khanij (Vikas ka Vinayaman) Adhiniyam (illegal excavation/mining). APPLICATION ALLOWED despite prosecutorial opposition. The Court held: (i) no custodial investigation of the petitioner was required; (ii) the disputed excavation site was not owned by the petitioner (per the record, Khasra No. 182, rakba 2-22 hectare, land of the Ajmer Development Authority); (iii) the registered owner of the vehicle used for the excavation was the co-accused Akshayraj, who had already been granted regular bail by this Court (order dated 10-03-2025) after depositing the Mining Department penalty of Rs. 19,15,000/-; and it was urged, undisputed on the record, that no criminal case was previously registered against the petitioner. Release ordered on a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each, subject to standard conditions (availability for questioning; no inducement/threat/promise to witnesses; no departure from India without prior leave of the Court).