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2025 DAILYLAW 23400 (RAJ)

SONU GOTTAM S/O HARISHANKAR v. STATE OF RAJASTHAN

CRLMB/8578/2025 · 2025-08-12

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:31365] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8578/2025 Sonu Gottam S/o Harishankar, Aged About 36 Years, R/o Kotda Deep Singh P.S. Budhadeet District Kota Rural Presently Near Gudu Banas House Khand Gavandi, P.S. Nayapura, Kota City (Rajasthan) (Presently Confined At Central Jail Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pallav Sharma, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/08/2025 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.158/2024 registered at Police Station Nayapura, District Kota City for offences punishable under Sections 307, 341 and 323 of IPC. After completion of investigation, police has filed charge sheet in this matter for the offences punishable under Sections 307, 341, 323, 302 and 450 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that petitioner has been charge-sheeted on the basis of testimony of two eye witnesses namely, Nirma and Nirmala. He further submits that eye witness-Nirmala has been [2025:RJ-JP:31365] (2 of 3) [CRLMB-8578/2025] declared hostile as she has not supported the prosecution case. He argues that though other eye witness, Nirma has levelled the allegation against the petitioner in the examination-in-chief, but in cross-examination, she has denied the entire prosecution story and stated that she gave the statement according to the police. He further argues that charge-sheet has already been filed and trial of the case will take considerable time in its conclusion. He contends that the petitioner is in custody since 03.04.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned 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 parties, especially considering the material available on record in the form of charge-sheet including testimony of both eye witnesses and trial will take 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 proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Sonu Gottam S/o Harishankar 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 [2025:RJ-JP:31365] (3 of 3) [CRLMB-8578/2025] 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 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 MADAN/120