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2025 DAILYLAW 19604 (RAJ)

RAMCHANDRA S/O KISHANLAL v. STATE OF RAJASTHAN

CRLMB/6673/2025 · 2025-07-28

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:28321] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6673/2025 Ramchandra S/o Kishanlal, Aged About 48 Years, R/o Salotiya Road, Nawalpura Sunel, Police Station Sunel, District Jhalawar (Rajasthan) (At Present Confined In District Jail Jhalawar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ajay Singh Mr. Ayush Bamboriya For Respondent(s) : Mr. N.S. Dhakar, PP 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.69/2025 registered at Police Station Sunel, District Jhalawar, for the offences punishable under Sections 115(2), 126(2) and 3(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’). 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that petitioner is not named in the FIR and according to the FIR, allegation of causing injury on the head of the injured is against co-accused- Mukesh. It is contended that trial of the case will take considerable time in its conclusion. Counsel submits that petitioner is in custody since his date of [2025:RJ-JP:28321] (2 of 3) [CRLMB-6673/2025] arrest and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that head injury sustained by the injured has been opined as dangerous to life. Counsel further submits that petitioner is a habitual offender as four 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 petitioner is not named in the FIR, as also considering the fact that allegation of causing injury on the head of the injured is against co-accused- Mukesh 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 proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Ramchandra S/o Kishanlal 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 [2025:RJ-JP:28321] (3 of 3) [CRLMB-6673/2025] in any other offence(s) during currency of the bail and he shall mark his presence in second week of every month in the concerned police station, till trial is concluded. 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. Office is directed to send a copy of this order to the concerned SHO for 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 observation made hereinabove 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 pcg/146