Shimbhu Dayal S/O Sh. Radha Vallabh Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2025)

Shimbhu Dayal S/O Sh. Radha Vallabh Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed and interim order dated 09.09.2025 made absolute: in the event of arrest, release on bail on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to the stated conditions (availability for interrogation; no inducement/threat/promise; no leaving India without court permission; order ceases on failure to cooperate/appear).

Issue for consideration

Whether the anticipatory bail application filed under Section 482 BNSS by the accused-applicant in connection with FIR No. 127/2025 (offence(s) under Section 3/7, Essential Commodities Act), Police Station Gangapur City Sadar, District Sawai Madhopur, should be allowed — i.e., whether the interim protection from arrest dated 09.09.2025 should be made absolute.

Court's answer

Considering that the accused-applicant had already joined the investigation as directed vide the interim order dated 09.09.2025, and looking to the overall facts, circumstances and material on record, but expressly without commenting on merits/demerits, the court deems it appropriate to make the order dated 09.09.2025 absolute and allow the anticipatory bail application.

Ratio / Principle

The S.H.O/I.O/Arresting Officer, Gangapur City Sadar, District Sawai Madhopur (F.I.R. No. 127/2025) is directed that in the event of arrest of the accused-applicant Shimbhu Dayal S/o Sh. Radha Vallabh, he shall be released on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, to the satisfaction of the S.H.O/I.O/Arresting Officer.

Key takeaways

The bail grant is subject to conditions: (i) the applicant shall make himself available for interrogation as and when required, and the order shall cease to operate if he fails to join/render due cooperation in the investigation or does not mark appearance as directed; (ii) he shall not directly or indirectly make any inducement, threat or promise to dissuade any person acquainted with the facts from disclosing them; and (iii) he shall not leave India without previous permission of the court.ratio¶¶21
It is made clear that the learned Public Prosecutor remains at liberty to move an appropriate application/avail an efficacious remedy for cancellation of the anticipatory bail, if the facts are otherwise.obiter¶¶26

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous Bail Application No. 9139/2025 (CRLMB-9139/2025), decided 14.10.2025, Sameer Jain, J.: Anticipatory bail application under Section 482 BNSS of Shimbhu Dayal s/o Radha Vallabh in FIR No. 127/2025, Police Station Gangapur City Sadar, Distt Sawai Madhopur, for offence(s) under Section 3/7 of the Essential Commodities Act — ALLOWED. The interim protection from arrest granted vide order dated 09.09.2025 was made absolute because the applicant, as directed, had already joined the investigation; the court expressly refrained from commenting on merits/demerits. Operative directions: on arrest, the S.H.O/I.O/Arresting Officer shall release the applicant on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to conditions — availability for interrogation as and when required (failure to join/cooperate or mark appearance causes the order to cease to operate), no inducement, threat or promise to dissuade disclosure of facts, and no leaving India without previous permission of the court. The learned Public Prosecutor is at liberty to seek cancellation of the anticipatory bail through an appropriate application/efficacious remedy if the facts are otherwise.

[2025:RJ-JP:41821]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 9139/2025

Shimbhu Dayal S/o Sh. Radha Vallabh, Aged About 62 Years, R/o Kunkada Kalan, Presently R/o Gangapur City Distt Sawai Madhopur, Raj.

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)	: Mr. Nishant Sharma, Adv. with
	Mr. Rameshwar Prasad, Adv.
For Respondent(s)	: Ms. Arti Sharma, PP with
	Mr. Rhishi Raj Singh Rathore, PP

HON'BLE MR. JUSTICE SAMEER JAIN

Order

14/10/2025

The present bail application has been filed under Section 482 BNSS in connection with FIR No. 127/2025 registered at Police Station Gangapur City Sadar District Sawai Madhopur for the offence(s) under Section 3/7 of the Essential Commodities Act.

Learned counsel for the accused-applicant has submitted that vide order dated 09.09.2025, interim protection from arrest was granted to the applicant subject to the condition that applicant joins the investigation. It is submitted that in compliance with the said direction, the applicant has joined the investigation.

Per contra, learned Public Prosecutor has opposed the bail application.

[2025:RJ-JP:41821]

[CRLMB-9139/2025]

(2 of 3)

Considering the contentions put-forth by the counsel for the parties and considering that the accused-applicant has already joined the investigation as directed vide interim order dated 09.09.2025, therefore, looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court deems it appropriate to make the order dated 09.09.2025 absolute and allow the anticipatory bail application.

Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Gangapur City Sadar District Sawai Madhopur in F.I.R. No. 127/2025 is directed that in the event of arrest of the accused-applicant Shimbhu Dayal S/o Sh. Radha Vallabh , he shall be released on bail, provided that 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 applicant shall make himself available for interrogation by a police officer as and when required; and if the applicant fails to join and render due cooperation in the investigation or does not mark appearance before the concerned authority, as directed hereinabove, the present order allowing anticipatory bail to the applicant shall cease to operate;

(ii) that the applicant 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 him from disclosing such facts to the court or any police officer, and

(iii) that the applicant shall not leave India without previous permission of the court.

It is made clear that, learned Public Prosecutor is at liberty to

[2025:RJ-JP:41821] (3 of 3) [CRLMB-9139/2025]

move appropriate application/avail efficacious remedy for cancellation of anticipatory bail application, if the facts are otherwise.

(SAMEER JAIN),J

CHANDAN /258