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[2025:RJ-JP:15451] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3340/2025 Chotu S/o Jagdish, Aged About 25 Years, R/o Village Jhilai, P.s. Newai, District Tonk (Raj.) (At Present Confined At District Jail Tonk). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ravindra Mavliya For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 07/04/2025
1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.366/2023 registered at Police Station Kotwali Tonk, District Tonk for the offence punishable under Section 379 of IPC. Investigation is being conducted for offences punishable under Sections 379 & 34 of IPC.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that alleged offence is triable by Magistrate for which maximum punishment is three years. It is contended that petitioner is in custody since his date of arrest, further custody of the petitioner would not serve any fruitful purpose and trial will take time in its conclusion.
[2025:RJ-JP:15451] (2 of 3) [CRLMB-3340/2025]
3. Per contra, learned Public Prosecutor opposes the
submissions made by learned counsel for the petitioner and submits that petitioner is a habitual offender as 11 other cases have been registered against him.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also considering the fact that alleged offence is triable by Magistrate for which maximum punishment is three years; trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Chotu S/o Jagdish, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded.
8. Concerned SHO is directed to maintain a register recording
[2025:RJ-JP:15451] (3 of 3) [CRLMB-3340/2025] the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court.
(ANIL KUMAR UPMAN),J CHARU SONI /219