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2025 DAILYLAW 13804 (RAJ)

DURGALAL @ HANGANIYA S/O LATE SHRI BADRIRAM v. STATE OF RAJASTHAN

CRLMB/4453/2025 · 2025-04-02

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:14821] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4453/2025 Durgalal @ Hanganiya S/o Late Shri Badriram, Aged About 23 Years, R/o Village Motipura Road, Tantoti, Police Station Sarana, District Ajmer. (At Present Confined In Central Ajmer, District Ajmer). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nirmal Kumar Nagar, Adv. For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 02/04/2025 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.18/2025 registered at Police Station Christianganj, District Ajmer (Raj.) for the offences punishable under Sections 331(3) and 305(a) of BNS, 2023. Later on, 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. He further submits that charge-sheet has already been filed and trial of the case will take considerable time in its conclusion. He contends that the petitioner is in custody since [2025:RJ-JP:14821] (2 of 3) [CRLMB-4453/2025] 18.01.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner and submits that petitioner is a habitual offender as seven other cases have been registered against him. 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, especially the fact that alleged offences are triable by Magistrate; charge-sheet has been filed; trial will take time in its conclusion and 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-petitioner- Durgalal @ Hanganiya S/o Late Shri Badriram, 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 second week of every month in the [2025:RJ-JP:14821] (3 of 3) [CRLMB-4453/2025] concerned police station, till trial is concluded. 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 him by this Court. (ANIL KUMAR UPMAN),J MADAN/283