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2025 DAILYLAW 20973 (RAJ)

SHANKAR LAL SHARMA SON OF SHRI CHHITARMAL v. STATE OF RAJASTHAN

CRLMB/7282/2025 · 2025-09-20

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:38735] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 7282/2025 Shankar Lal Sharma Son Of Shri Chhitarmal, Aged About 60 Years, Resident Of Village Palawala, Police Station Kanota, Jaipur (Raj) (At Present Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent Connected With S.B. Criminal Miscellaneous 2nd Bail Application No. 11596/2025 Bhanwar Lal Sharma @ Bhanwar Pandit S/o Shri Omprakash Sharma, Aged About 44 Years, R/o Village Kapadiyawas Kalan, P.s. Mauzamabad, District Dudu (At Present Confined In Central Jail Jaipur, District Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Avtar Singh Rathore Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Shree Ram DHakar, PP Mr. Gopal Gupta HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/09/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No. 226/2024 registered at Police Station Sadar District Jaipur (West) for the offences under Sections 384, 406, 416, 419, 420, 467, 468, 471, 506 and 120-B of IPC. [2025:RJ-JP:38735] (2 of 4) [CRLMB-7282/2025] 2. Learned counsels for the accused-petitioners submit that the accused-petitioners have falsely been implicated in this case. It is contended that co-accused Pooja has already been enlarged on bail and the case of the present petitioners are on better footing then the other co-accused Pooja. It is also contended that the charge-sheet was submitted before the concerned court on 16.01.2025, however charges have yet not been framed. The accused-petitioners are in custody since 09.10.2024 and almost 11 months have passed and the trial of the case may take considerable time, therefore, these bail applications of the accused-petitioners may be allowed on the ground of long incarceration. 3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed these bail applications and contended that petitioners' bail application was dismissed by this court on merits vide order dated 10.03.2025. It is admitted that charges are yet not been framed. 4. Heard and perused the material available on record. 5. Considering the arguments advanced by learned counsel for the petitioner and looking to the fact that the accused-petitioner is in custody since 09.10.2024 and charge-sheet was submitted on 16.01.2025. The first bail applications of the petitioners were dismissed vide order dated 10.03.2025, thereafter trial has yet not been commenced and even charges could not be framed. The charge-sheet contains voluminous documents and requires considerable time, therefore considering the long incarceration of the petitioners and without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. [2025:RJ-JP:38735] (3 of 4) [CRLMB-7282/2025] 7. Accordingly, these bail applications under Section 483 of BNSS are allowed and it is ordered that the accused-petitioners 1. Shankar Lal Sharma Son Of Shri Chhitarmal, 2. Bhanwar Lal Sharma @ Bhanwar Pandit S/o Shri Omprakash Sharma, in connection with FIR No.226/2024 registered at Police Station Sadar District Jaipur (West) shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. The concerned trial Judge shall verify the address and contact details of the sureties through concerned SHO before releasing the accused-petitioners on bail. 7. The accused-petitioner Bhanwar Lal Sharma @ Bhanwar Pandit S/o Shri Omprakash Sharma, is directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court on the same day every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. 8. The accused-petitioner is also directed to submit his present address along with the mobile number to the concerned SHO within seven days of release and the concerned SHO shall verify the said address and the mobile number. In case if the petitioner changes his address or mobile number, he shall submit the same [2025:RJ-JP:38735] (4 of 4) [CRLMB-7282/2025] before the concerned SHO so also before the concerned learned trial court. 9. A copy of this order shall be sent to the concerned SHO for its strict compliance. (PRAVEER BHATNAGAR),J ashu /4-5