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2025 DAILYLAW 22571 (RAJ)

VISHNU PRAKASH KUSHWAHA S/O SHRI PRABHULAL KUSHWAH v. THE STATE OF RAJASTHAN

CRLMB/8126/2025 · 2025-06-26

Sudesh Bansal V J

body2025

Judgment text

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[2025:RJ-JP:23643] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8126/2025 1. Vishnu Prakash Kushwaha S/o Shri Prabhulal Kushwah, Aged About 48 Years, R/o Bus Stand Ki Gali Borkheda Ps Borkheda Kota (Raj.) 2. Suresh Nayak S/o Shri Pannalal, Aged About 41 Years, R/o House No. 09, Milaat Nagar, Devli Arab Road, P.s. Borkheda, Kota (Raj.) ( Accused At Present Confined In Central Jail Kota) ----Petitioners Versus The State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Shree Ram Dhakar, PP Mr. Mrityunjay Sharma HON'BLE MR. JUSTICE SUDESH BANSAL ( V.J.) Order 26/06/2025 1. Instant bail application has been filed by petitioners under Section 483 of BNSS in connection with FIR No. 43/2025 registered at Police Station Borkhera District Kota City for the offence(s) under Sections 420, 406, 467,468, 471 and 120-B of IPC. 2. Learned counsel for the petitioner submits that allegation against the petitioner is that the petitioner having criminal conspiracy with the other accused person, sold the plot in question, of the complainant; accused-petitioners are in custody since 17.06.2023. Learned counsel further submits that petitioners have entered into compromise; offences alleged to have been [2025:RJ-JP:23643] (2 of 2) [CRLMB-8126/2025] committed by the accused-petitioners are triable by Magistrate; there are no criminal antecedents against petitioners, therefore bail application of accused-petitioners may be allowed. 3. Learned Public Prosecutor has opposed the bail application. 4. Learned counsel appearing on behalf of the complainant admits the fact of compromise and submits that he has no objection if the bail application of accused-petitioners is allowed. 5. Heard and perused the material available on the record. 6. Taking into consideration the facts that petitioners are in custody since long; there are no criminal antecedents of petitioner; and conclusion of trial will take considerable time, but without commenting on merits of the case, this Court deems it just and proper to release the petitioners on bail. 7. Accordingly, the bail application is allowed and it is ordered that the accused-petitioners 1. Vishnu Prakash Kushwaha S/o Shri Prabhulal Kushwah, 2. Suresh Nayak S/o Shri Pannalal, shall be released 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 as and when called upon to do so. (SUDESH BANSAL ( V.J.)),J ashu /178