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2025 DAILYLAW 19286 (RAJ)

OMPRAKASH S/O LATE SHRI AMARCHAND KAPOOR v. STATE OF RAJASTHAN

CRLMB/6568/2025 · 2025-06-12

Anand Sharma V J

body2025

Judgment text

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[2025:RJ-JP:23139] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6568/2025 Omprakash S/o Late Shri Amarchand Kapoor, R/o House No. 385, Nahargarh Road, First Chouraha, Chandpole Bazar, Jaipur P.s. Nahargarh Road, Jaipur (Presently Lodge At Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. J.P. Gupta For Respondent(s) : Mr. Vivek Choudhary, PP Mr. Nitesh Pareek Mr. Dalbir Singh, CI-PS-Shyam Nagar, Jaipur HON'BLE MR. JUSTICE ANAND SHARMA Order 12/06/2025 1. This bail application has been filed by the accused-petitioner under Section 483 of BNSS in respect of FIR No. 199/2025 registered at Police Station Shyam Nagar District Jaipur City (South) for the offences punishable under Sections 318(4), 316(2), 336(3), 338, 340(2), 308(2), 319(2) and 61(2)(b) of BNS. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this matter. Learned counsel further submits that the age of the petitioner is more than 70 years; furthermore he is deaf and dumb. FIR has been lodged on complaint filed by the complainant under Section 173 of the BNSS however in the entire complaint there is no allegation against the present accused-petitioner. Counsel also submitted that there is no allegation regarding credit of any amount in the [2025:RJ-JP:23139] (2 of 3) [CRLMB-6568/2025] bank account of the present accused-petitioner. The offences alleged to have been committed by the petitioner are triable by the Magistrate. Counsel also submits that the accused-petitioner is behind the bar since long. Trial is likely to take considerably long time. Therefore, the accused-petitioner may be allowed to enlarge on bail. 3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. Taking into consideration, the alleged offences are triable by the Magistrate and there is no criminal antecedents against the accused-petitioner and accused-petitioner would no longer be required for custodial interrogation, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the petitioner on bail. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Omprakash S/o Late Shri Amarchand Kapoor, shall be released on bail in pursuance of FIR No. 199/2025 registered at Police Station Shyam Nagar District Jaipur City (South) on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of the like amount. That apart, the accused- petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and [2025:RJ-JP:23139] (3 of 3) [CRLMB-6568/2025] unless his presence is exempted by the trial Court. 7. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA (V.J.)),J ashu /158