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2025 DAILYLAW 20382 (RAJ)

RAMLAKHAN @ LAKHAN S/O CHAMPALAL v. STATE OF RAJASTHAN

CRLMB/7058/2025 · 2025-07-28

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:28542] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7058/2025 Ramlakhan @ Lakhan S/o Champalal, R/o Baudikheda, Police Station Chhabra, District Baran (Rajasthan). (At Present Confined In Sub Jail Ramganjmandi). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Saurabh Tripathi with Mr. Anurag Chahar Mr. Harshit Kakani & Mr. Anubhav Gupta for Mr. Mukesh Pal Jadoun For Respondent(s) : 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 Bhartiya Nagarik Suraksha Sanhita (BNSS), on behalf of the petitioner, who has been arrested in connection with FIR No.393/2024 registered at Police Station Suket, District Kota Rural for the offence punishable under Section 309(4) of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 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 offence is triable by Magistrate. It is submitted that co-accused namely- Chain Singh has already been granted benefit of bail by learned trial court. It is contended that [2025:RJ-JP:28542] (2 of 3) [CRLMB-7058/2025] petitioner is in custody since long and further custody of the petitioner would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner and submits that petitioner is a habitual offender as 12 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 offence is triable by Magistrate, so also considering the fact that co-accused Chain Singh has been granted benefit of bail by learned trial court 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 - Ramlakhan @ Lakhan S/o Champalal, 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:28542] (3 of 3) [CRLMB-7058/2025] in any other offence(s) during currency of the bail and he shall mark his presence in first and third 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 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 is only for the 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 /168