VIKAS @ KALLU @ BHALYA S/O HARIBHAJAN v. THE STATE OF RAJASTHAN
CRLMB/7667/2025 · 2025-07-30
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21739 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21739 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28794] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7667/2025
1. Vikas @ Kallu @ Bhalya S/o Haribhajan, R/o Karel, Police Station Malarna Dungar, District Sawaimadhopur. (At Present Confined In District Jail, Sawai Madhopur).
2. Muntjir @ Sukka S/o Raies, R/o Bahated, Police Station Malarna Dungar, District Sawai Madhopur. (At Present Confined In District Jail, Sawai Madhopur). ----Petitioners Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Tarun Jain For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 30/07/2025
1. The instant bail application has been filed under Section 483 of BNSS., on behalf of the petitioners, who have been arrested in connection with FIR No.177/2024 registered at Police Station Choth Ka Barwada, District Sawai Madhopur for the offence punishable under Section 309(6) of BNS. Investigation is being conducted for the offences punishable under Sections 309(6) & 310(2) of BNS.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submits FIR was lodged on petty dispute arose between the parties. It is submitted that co-accused person namely Dheeraj has been granted benefit of bail by this court after
[2025:RJ-JP:28794] (2 of 3) [CRLMB-7667/2025] considering the fact that dispute has been resolved amicably between the parties. Petitioners are in custody since their date of arrest and trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioners & submits that petitioners are habitual offenders as several other cases have been registered against them.
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 both the parties, as also the fact that other co-accused person namely Dheeraj has been granted bail by this court; trial will take time in its conclusion as well as looking to the custody period, 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-petitioners – 1) Vikas @ Kallu @ Bhalya S/o Haribhajan & 2) Muntjir @ Sukka S/o Raies 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
[2025:RJ-JP:28794] (3 of 3) [CRLMB-7667/2025] 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.
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.
10. Office is directed to send copy of this order to the concerned SHO for necessary compliance.
11. The observations 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 GAUTAM JAIN /233