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2025 DAILYLAW 13170 (RAJ)

HARKESH URF CHHOTU S/O SHRI MISRU v. STATE OF RAJASTHAN

CRLMB/4304/2025 · 2025-04-01

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:14706] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4304/2025 Harkesh Urf Chhotu S/o Shri Misru, Aged About 32 Years, R/o Sewa, Police Station Wazirpur, District Sawai Madhopur (Raj.). (The Accused Petitioner Presently Confined In Sub Jail Hindaun City, Karauli) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 01/04/2025 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.99/2012 registered at Police Station Todabhim, District Karauli for the offences under Sections 147, 148, 149, 353, 332 & 307 of IPC. 2. It is contended by counsel for the petitioner that the present matter is of bail jump. Counsel submits that after getting benefit of bail, petitioner went out of State for earning livelihood therefore, he could not appear before the learned trial Court and as such, his bail bonds were forfeited and he was called through arrest warrant. It is submitted that petitioner is in custody since 02.05.2024. Counsel submits that the petitioner undertakes to appear before the learned trial Court on each and every date as [2025:RJ-JP:14706] (2 of 3) [CRLMB-4304/2025] fixed by the trial Court. He thus, prays that the instant bail application may be allowed. 3. Learned Public Prosecutor opposes the prayer of bail and submits that this is second time when petitioner has jumped the bail. 4. I have considered the contentions. 5. Considering the overall facts & circumstances of the case and on the undertaking of the petitioner that henceforth the petitioner shall appear on each and every date as fixed by the trial court, I deem it proper to allow the bail application, subject to deposition of fine imposed by the learned trial Court under Section 446 of Cr.PC (Section 491 of BNSS). 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Harkesh Urf Chhotu S/o Shri Misru 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. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station in second week of every month, till trial is concluded. [2025:RJ-JP:14706] (3 of 3) [CRLMB-4304/2025] 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 breach of any 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 petitioner by this Court. 10. It is made clear that in case of further misuse of liberty of bail, subsequent prayer of bail on behalf of the petitioner shall not be considered. (ANIL KUMAR UPMAN),J LALIT MOHAN /236