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2025 DAILYLAW 19788 (RAJ)

MADAN NITHARWAL S/O LATE SH. RAMCHANDRA NITHARWAL v. THE STATE OF RAJASTHAN

CRLMB/6741/2025 · 2025-06-27

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:23665] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6741/2025 Madan Nitharwal S/o Late Sh. Ramchandra Nitharwal, Aged About 24 Years, R/o Kajipura, Police Station Sambharleck District Jaipur Rural, At Presented Tenant House No. 102, Kalyan Vatika, Govindpura Sirsi Link Road Govindpura, Jaipur, Police Station Kardhani, Jaipur West. (At Present Confined In Central Jail Jaipur). ----Accused-Petitioner Versus The State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6847/2025 Nitesh Kumar Sihak @ Gangaram Son Of Bhagirath Mal Sihak, Aged About 27 Years, R/o Dendiyakawas Minda, Police Station Maroth, District-Didwana-Nagour. Presently Residing At Rajdhani Boys Hostel, Joshi Marg, Jhotwara, Police Station Jhotwara, Jaipur (West) (At Present Accused Confined In Central Jail Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent S.B. Criminal Miscellaneous Bail Application No. 6848/2025 Vinod Chaudhary Son Of Devaram, Aged About 24 Years, R/o Village Minda, Police Station Maroth, District-Didwana Kuchaman, Presently Residing House No. 56, Vinayak Vihar, Near Pratap Circle, Kalwad Road, Jaipur, Police Station Kardhani, Jaipur (West) (At Present Accused Confined In Central Jail Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent S.B. Criminal Miscellaneous Bail Application No. 6849/2025 [2025:RJ-JP:23665] (2 of 4) [CRLMB-6741/2025] Kamlesh Chaudhary Son Of Jodharam, Aged About 24 Years, R/o Village- Minda, Police Station Maroth, District-Didwana Kuchaman Presently Residing At Jagdamba Nagar, Rawan Gate, Kalwad Road, Jaipur Police Station- Kardhani (At Present Accused Confined In Central Jail Jaipur) ----Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent S.B. Criminal Miscellaneous Bail Application No. 6904/2025 Raju Jhakhar S/o Omprakash, Aged About 19 Years, R/o Village Mundwada, Police Station Sabharlake, District Jaipur Rural, Presently Tenant Of House No. 102, Kalyan Vatika, Govindpura, Sirsi Link Road, Govindpura, Jaipur, Police Station Kardhani, Jaipur West. (At Present Confined In Central Jail Jaipur, District Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anil Kumar, Adv., Mr. Yogendra Singh, Adv., with Mr. Naman Yadav, Adv., Mr. Devendra Pal Singh, Adv. and Mr. Subhash Sharma, Adv. For Respondent(s) : Mr. Rajesh Chaudary, GA-cum-AAG with Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN (V. J.) Order 27/06/2025 1. The instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.471/2025 registered at Police Station [2025:RJ-JP:23665] (3 of 4) [CRLMB-6741/2025] Kardhani, District Jaipur (West) for the offences punishable under Sections 318(4), 316(2), 319(2) and 61(2) of BNS, 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that alleged offences are triable by Magistrate. It is also evident from the case diary that no private person has made any complaint against the petitioners. Counsel submit that the petitioners have been made accused in this case solely on the basis of the fact that some applications were found on their mobile phones. It is contended that there are no criminal antecedents against the petitioners and trial of the case will take considerable time. It is submitted that petitioners are in custody since 11.05.2025 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. 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 petitioners as also looking to the fact that alleged offences are triable by Magistrate; absence of criminal antecedents 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 these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1. Madan Nitharwal S/o [2025:RJ-JP:23665] (4 of 4) [CRLMB-6741/2025] Late Sh. Ramchandra Nitharwal, 2. Nitesh Kumar Sihak @ Gangaram Son Of Bhagirath Mal Sihak, 3. Vinod Chaudhary Son Of Devaram, 4. Kamlesh Chaudhary Son Of Jodharam and 5. Raju Jhakhar S/o Omprakash shall be released on bail provided, each of them 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 they 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-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first 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 petitioners, as directed above. In case the petitioners fail to mark their 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 them by this Court. (ANIL KUMAR UPMAN (V. J.)),J MADAN/5-9