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2025 DAILYLAW 10726 (RAJ)

RAMESH S/O PHOOLYA v. STATE OF RAJASTHAN

CRLMB/3526/2025 · 2025-04-07

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:15542] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3526/2025 Ramesh S/o Phoolya, Aged About 40 Years, R/o Gambhira Police Station, Kotwali District Sawai Madhopur. (At Present Confined In District Jail, Dausa. Rajasthan) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Megha Sharma 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.004/2025 registered at Police Station Kotwali Sawai Madhopur, District Sawai Madhopur for the offences punishable under Section 13 of Rajasthan Public Gambling Ordinance Act, 1949, Sections 318(4) & 61(2)(a) of BNS and Section 66D of I.T. Act. 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 initially, minor son of petitioner was arrested by investigating agency and on the basis of his interrogation, arrest of the petitioner has been made in this case. It is submitted that alleged offences are triable by Magistrate. Learned counsel contends that petitioner has no criminal antecedents and he is in [2025:RJ-JP:15542] (2 of 3) [CRLMB-3526/2025] custody since 24.02.2025. Further custody of the petitioner would not serve any fruitful purpose. Trial will take time in its conclusion. 3. Per contra, learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. 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 offences are triable by Magistrate; petitioner has no criminal antecedents and he is in custody since 24.02.2025; 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 - Ramesh S/o Phoolya, 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. [2025:RJ-JP:15542] (3 of 3) [CRLMB-3526/2025] 8. Concerned SHO is directed to maintain a register recording 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 /229