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2025 DAILYLAW 12692 (RAJ)

ABHISHEK SHARMA ALIAS RAJA S/O OMPRAKASH SHARMA v. STATE OF RAJASTHAN

CRLMB/4095/2025 · 2025-04-24

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:17392] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4095/2025 Abhishek Sharma @ Raja S/o Omprakash Sharma, Aged About 28 Years, R/o House No. 2014, Pitliyon Ka Chauk, Near By L.M.B. Hotel, Jauhri Bazzar, P.S. Manak Chauk, Jaipur. At Present Rental House No. 111/84, Vijay Path, P.S. Shiprapath, Jaipur. (At Present Confined At Central Jail, Jaipur) ----Petitioner Versus State of Rajasthan, Through Its PP ----Respondent For Petitioner(s) : Mr. Rajendra Sharma, Adv. with Mr. Balram Vashisth, Adv. For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 24/04/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 11.03.2025 passed by learned Additional Sessions Judge No.1, Jaipur Metropolitan IInd in connection with FIR No.2/2025, registered at Police Station Kotwali, District Jaipur City (North) Rajasthan for the offence punishable under Section 303(2) of BNS, 2023, by which the bail application of the accused-applicant under Section 483 of the B.N.S.S, 2023 has been dismissed. 2. Learned counsel for the accused-applicant submitted that the charge against the accused-applicant is for the offence punishable under Section 303(2) of BNS, which is triable by the Judicial Magistrate. Learned counsel for the accused-applicant argued that the accused- applicant was arrested on 01.03.2025 and since then, he is behind the bars. Learned counsel further argued that the bail application of [2025:RJ-JP:17392] (2 of 2) [CRLMB-4095/2025] accused-applicant has been dismissed only on the ground that sixteen other criminal cases of similar nature have been registered against the accused-applicant, however, learned counsel submitted that after 2020, no case was registered against the accused-applicant, therefore, the accused-applicant be enlarged on bail. 3. On the other other hand, learned Public Prosecutor opposes the bail application. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case, and considering the fact that the charge levelled against the accused- applicant is triable by the Judicial Magistrate and also considering the fact that the accused-applicant is behind the bars since 01.03.2025, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused- applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Abhishek Sharma @ Raja, arrested in FIR No. 2/2025, registered at Police Station Kotwali, District Jaipur City (North) Rajasthan shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent attested sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. The Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita/124