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2025 DAILYLAW 15536 (RAJ)

PHULA @ PHULIYA S/O SHRI HANUMAN v. THE STATE OF RAJASTHAN

CRLMB/5156/2025 · 2025-05-12

Ashutosh Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:19795] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5156/2025 Phula @ Phuliya S/o Shri Hanuman, Aged About 20 Years, R/o Jobner Road, Mahla, Police Station Maukhampura, District Jaipur (Raj.) (At Present Confined In Central Jail, Jaipur). ----Accused-Applicant Versus The State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Ankit Choudhary, Adv. with Mr. Sagar Sharma, Adv. for Mr. Anshuman Saxena, Adv. For Respondent(s) : Ms. Arti Sharma, Dy. G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 12/05/2025 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 03.04.2025 passed by learned Additional Sessions Judge, Dudu, District Jaipur (Raj.) in connection with FIR No.177/2023, registered at Police Station Maujamabad, District Jaipur Rural for the offence punishable under Section 392 of IPC, 1860, 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 submits that the accused-applicant has falsely been implicated in this matter. Learned counsel argues that the charge levelled against the accused-applicant is for the offence punishable under Section 392 of IPC, which is triable by Judicial Magistrate. Learned counsel contends that the accused-applicant was arrested on 13.03.2025 [2025:RJ-JP:19795] (2 of 2) [CRLMB-5156/2025] and since then, he is behind the bars, therefore, the accused- applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor opposes the bail application and submits that two other criminal cases have also been registered against the present accused-applicant, therefore, the bail application of accused-applicant should be dismissed. 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; considering the facts that charge levelled against the accused- applicant is triable by Judicial Magistrate; that the accused- applicant is behind the bars since 13.03.2025; that the accused- applicant is 20 years of age, 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 Phula @ Phuliya S/o Shri Hanuman, arrested in FIR No. 177/2023, registered at Police Station Maujamabad, District Jaipur Rural 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. 7. 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 /157