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2025 DAILYLAW 12763 (RAJ)

LADEN S/O ISHAK v. STATE OF RAJASTHAN

CRLMB/4137/2025 · 2025-07-29

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:28615] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4137/2025 Laden S/o Ishak, R/o Village Kalyanpur, Police Station Malakheda, District Alwar. (Currently In Sub Jail, Deeg, Rajasthan). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh Sinsinwar, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/07/2025 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.48/2025 registered at Police Station Khoh, District Deeg for the offences punishable under Sections 319(2), 318(4), 308(2), 317(2), 317(4), 317(5), 338, 336(3), 340(2), 61(2)(a), 313 & 302(2) of BNS, 2023 and Section 66D of IT Act. After completion of investigation, police filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate. It is also evident from the charge-sheet that no private person has made any complaint against the petitioner and he has been made accused in this case solely on the basis of the fact that [2025:RJ-JP:28615] (2 of 3) [CRLMB-4137/2025] some applications have been found on his mobile phone. He submits that other co-accused person, who was juvenile, has been granted benefit of bail by a co-ordinate Bench of this Court. He contends that there are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. He argues that the petitioner is in custody since 28.02.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the 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 parties, especially the fact that alleged offences are triable by Magistrate; charge-sheet has been filed; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, 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 - Laden S/o Ishak 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 [2025:RJ-JP:28615] (3 of 3) [CRLMB-4137/2025] which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/68