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2025 DAILYLAW 23083 (RAJ)

MANOJ KUMAR S/O SHRI KAILASH CHAND v. STATE OF RAJASTHAN

CRLMB/8423/2025 · 2025-08-05

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:30075] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8423/2025 Manoj Kumar S/o Shri Kailash Chand, R/o Ward No. 2, Rudawali Dhani Bilandpur, Thana Amarsar, District Jaipur Rural (Raj.) At Present Tenant Hanuman Vatika Nangal Desha Bora, Niwaru Road, Thana Kardhani, Jaipur (West). (Petitioner Is Confined In Sub Jail Malpura). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Neeraj Sharma For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/08/2025 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.88/2025 registered at Police Station Diggi, District Tonk (Rajasthan) for the offence punishable under Section 316(3) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that alleged offence is triable by Magistrate. Counsel submits that co-accused Rajesh has already been granted benefit of bail by co-ordinate Bench of this Court vide order dated 25.06.2025. Counsel submits that there are no criminal antecedents of the petitioner. It is submitted that trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 16.06.2025 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:30075] (2 of 2) [CRLMB-8423/2025] 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 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, as also the fact that alleged offence is triable by Magistrate; co-accused Rajesh has been granted benefit of bail by co-ordinate Bench of this Court; absence of criminal antecedents of the petitioner 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 fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner -Manoj Kumar S/o Shri Kailash Chand 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. The observations made hereinabove are 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 /195