SAURABH ALIAS NONU S/O GOPAL SOMWANSI v. STATE OF RAJASTHAN
CRLMB/4878/2025 · 2025-04-28
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14711 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14711 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:17701] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 4878/2025 Saurabh Alias Nonu S/o Gopal Somwansi, R/o Kalali Ka Kuwa, Near Daru Godewn, Police Station Kotwali, District Alwar. (Presently Confined In Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ashish Sharma For Respondent(s) : Mr. Devi Singh Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 28/04/2025
1. The second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.484/2024 registered at Police Station Kotwali Alwar, District Alwar (Rajasthan) for the offences punishable under Sections 143, 323, 341 & 302 of IPC. After completion of investigation, police filed charge-sheet in this matter for the offence punishable under Section 306 of IPC.
2. First bail application of the petitioner was dismissed as withdrawn vide order dated 31.01.2025 with liberty to renew the prayer of bail after recording testimony of the witnesses namely Pawan Kumar and Santosh Kumar. Now, the aforesaid witnesses have been examined during the course of trial thus, this second bail application has been preferred.
[2025:RJ-JP:17701] (2 of 3) [CRLMB-4878/2025]
3.
Learned counsel for the petitioner submits that it appears from the testimony of the aforesaid witnesses that petitioner has falsely been implicated in this case. Counsel submits that petitioner is being prosecuted in this matter solely on the basis of the fact that there were talking terms between the petitioner and wife of the deceased. Counsel submits that essential ingredients of Section 107 of IPC are not visible in the present case therefore, petitioner cannot be held liable for abetment of suicide. It is contended that trial will take considerable time in its conclusion. Petitioner is in custody since 07.08.2024 and further custody of the petitioner would not serve any fruitful purpose.
4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner and submits that 3 other cases have also been registered against the petitioner.
5. I have considered the contentions.
6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, material made available in the form of charge-sheet, so also considering the testimony of witnesses namely- Pawan Kumar & Santosh Kumar and trial will take considerable 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 fit and proper to allow this second bail application.
7. This second bail application is accordingly allowed and it is
directed that accused-petitioner Saurabh Alias Nonu S/o Gopal Somwansi shall be released on bail provided he furnishes a
[2025:RJ-JP:17701] (3 of 3) [CRLMB-4878/2025] 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.
8. The observation made herein above 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 LALIT MOHAN /35