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2025 DAILYLAW 17527 (RAJ)

VISHAMBHAR S/O SHRI RAMDAYAL v. STATE OF RAJASTHAN

CRLMB/5765/2025 · 2025-07-28

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:28266] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5765/2025 Vishambhar S/o Shri Ramdayal, R/o Doylane Ko Pura, Rajaikalan, Police Station Basaidang, District Dholpur. (At Present Lodge At Central Jail Dholpur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Dipti Jindal, Adv., with Mr. Prashant Sharma, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/07/2025 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.115/2025 registered at Police Station Sadar Dholpur, District Dholpur for the offences punishable under Sections 260(b) and 261 of BNS, 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. She submits that alleged offences are triable by Magistrate. She contends that trial of the case will take considerable time in its conclusion. She argues that the petitioner is in custody since 04.04.2025 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:28266] (2 of 3) [CRLMB-5765/2025] 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that petitioner was Home Guard and some juveniles escaped from his custody on account of his negligence. It has also been alleged against the petitioner that he provided liquor to the juveniles, who were kept in the observation home. 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 parties, especially the fact that alleged offences are triable by Magistrate and trial will take 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 proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Vishambhar S/o Shri Ramdayal 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 first week of every month in the concerned police station, till trial is concluded. [2025:RJ-JP:28266] (3 of 3) [CRLMB-5765/2025] 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 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. (ANIL KUMAR UPMAN),J MADAN/110