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2025 DAILYLAW 22278 (RAJ)

SHYOCHAND @ SHIV CHOUDHARY S/O SHRI PEMA RAM v. STATE OF RAJASTHAN

CRLMB/8048/2025 · 2025-08-04

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:29781] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8048/2025 Shyochand @ Shiv Choudhary S/o Shri Pema Ram, Aged About 58 Years, R/o House No. A-42, Ganesh Colony, Jharkhand Tiraha, Fouji Area Ke Pas, Khatipura, P.s. Vaishali Nagar, Jaipur (Raj.) (Accused Petitioner Presently Lodged In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manoj Ojla For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Hemant Singh HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/08/2025 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.200/2025 registered at Police Station Vidyadharnagar, District Jaipur City (North) (Rajasthan) for the offences punishable under Sections 316(2), 318(4) & 351(2) of BNS. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that alleged offences are triable by Magistrate. Counsel submits that simple money transaction has been converted into criminal offence. Counsel submits that trial will take considerable time in its conclusion. Petitioner is in custody since 08.06.2025 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:29781] (2 of 3) [CRLMB-8048/2025] 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. Counsel for the complainant submits that it is evident from the impugned order dated 13.06.2025 that five other cases have been registered against the petitioner. 4. At this stage, learned counsel for the petitioner pointed out that all cases were registered long back prior to the year 2009. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, as also the fact that alleged offences are triable by Magistrate; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 7. The bail application is accordingly allowed and it is directed that accused-petitioner Shyochand @ Shiv Choudhary S/o Shri Pema Ram 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. 8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station. [2025:RJ-JP:29781] (3 of 3) [CRLMB-8048/2025] 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 him by this Court. 10. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 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 LALIT MOHAN /227