Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:11620] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3496/2025
1. Sadik S/o Shri Gafur Khan, Aged About 19 Years, Resident Nana Sahab Ka Bada Bajaria, Police Station Nihalganj, Dholpur.
2. Jatin @ Kalu S/o Shri Kamalkishore, Aged About 18 Years, R/o Kuvedan Ka Bada, Kayasthpada, Police Station Nihalganj, District Dholpur. (Both At Present Confined In District Jail, Dholpur) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dushyant Jain For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 12/03/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.678/2024 registered at Police Station Kotwali Dholpur, District Dholpur for the offence under Section 304(2) of BNS.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submits that alleged offence is triable by Magistrate for which maximum punishment is three years. It is submitted that petitioners are in custody since their date of arrest.
[2025:RJ-JP:11620] (2 of 3) [CRLMB-3496/2025] Further custody of the petitioners would not serve any fruitful purpose. Trial will take time in its conclusion.
3. Learned Public Prosecutor oppose the submissions made by the learned counsel for the petitioners.
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 petitioners, as also the fact that alleged offence is triable by Magistrate for which maximum punishment is three years; trial will take time in its conclusion as well as looking to the custody period, 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-petitioners – 1) Sadik S/o Shri Gafur Khan & 2) Jatin @ Kalu S/o Shri Kamalkishore, shall be released on bail provided each of them 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 they 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-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence once in every three months in the concerned police station, till trial is concluded.
[2025:RJ-JP:11620] (3 of 3) [CRLMB-3496/2025]
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioner fails to mark their 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 them by this Court.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /81