HEMRAJ @ CHOTYA S/O SHRI GOBRI LAL v. STATE OF RAJASTHAN
CRLMB/5342/2025 · 2025-08-14
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16268 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16268 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:31839] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5342/2025 Hemraj @ Chotya S/o Shri Gobri Lal, Aged About 53 Years, R/o Natraj Nagar, Baran, P.s Kotwali Baran, District Baran (Raj.) (Accused At Present Confined In Central Jail, Baran). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Samarth Sharma with Mr. Mritunjay Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 14/08/2025
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.347/2024 registered at Police Station Anta, District Baran for the offences punishable under Sections 331(4) and 305(a) of Bharatiya Nyaya Sanhita (in short, ‘BNS’),
2023. 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. It is submitted that alleged offences are triable by Magistrate. Counsel submits that petitioner has been made accused in this case simply on the basis of the fact that other cases have also been registered against him. It is contended that trial will take considerable time in its conclusion. Counsel contends that petitioner is in custody
[2025:RJ-JP:31839] (2 of 3) [CRLMB-5342/2025] since 28.10.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner and submits that petitioner is a habitual offender as 39 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 considering the fact that alleged offences are triable by Magistrate, charge-sheet has been filed and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this bail application. 6.
This bail application is accordingly allowed and it is directed that accused-petitioner - Hemraj @ Chotya S/o Shri Gobri Lal, shall be released on bail provided, he shall furnish 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 every week in the concerned police station, till
[2025:RJ-JP:31839] (3 of 3) [CRLMB-5342/2025] trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 10. If any breach 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. 11. The observations made hereinabove are 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 CHARU SONI /57