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2025 DAILYLAW 23677 (RAJ)

MANOJ SHARMA @ MANNU S/O SHRI NARENDRA SHARMA v. STATE OF RAJASTHAN

CRLMB/8728/2025 · 2025-08-04

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:29824] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8111/2025 Guddu @ Facture S/o Jameel, R/o Roteda Road Jagdamba Coloni Gali No. - 5 Railway Coloni Kota (At Present Confined At Central Jail Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8727/2025 Faij Beg @ Reshu S/o Shrianwar Beg, Aged About 23 Years, R/o Ganeshpura Road Bapu Colony, Om Telecom Ke Pass, Police Station Railway Colony, Kota (Raj.) (At Presently Confined In District Jail Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 8728/2025 Manoj Sharma @ Mannu S/o Shri Narendra Sharma, Aged About 26 Years, R/o House No. 212, Ajay Ahuja Nagar Vistar, Rangbadi, P.S. Mahaver Nagar, Kota (Raj.). (Accused At Present Confined In Central Jail Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan, Adv., Mr. Pawan Kumar Verma, Adv., and Mr. Mritunjya Sharma, Adv., for Mr. Samarth Sharma, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP and Mr. Sajid Ali, Adv., for complainant. [2025:RJ-JP:29824] (2 of 4) [CRLMB-8111/2025] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/08/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.106/2025 registered at Police Station Bhimganj Mandi, District Kota City for the offences punishable under Sections 126(2), 115(2), 189(2) and 109(1) of BNS, 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that petitioners are not named in the FIR. Counsel submit that it appears from the FIR and statement of the injured witnesses that except the persons named in the FIR, all the other persons had their face muffled. It is submitted that no recovery has been made from the possession of the petitioners. It is submitted that trial will take considerable time in its conclusion. It is contended that petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by the learned counsel for the petitioners. It is submitted that petitioners are habitual offenders as other cases have also been registered against them. Learned counsel for the complainant submits that soon before incident, all the accused persons were captured in the CCTV cameras installed at Railway Station. 4. I have considered the contentions. [2025:RJ-JP:29824] (3 of 4) [CRLMB-8111/2025] 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 the fact that petitioners are not named in the FIR; no recovery has been made at the instance of the petitioners 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 proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1. Guddu @ Facture S/o Jameel, 2. Faij Beg @ Reshu S/o Shrianwar Beg and 3. Manoj Sharma @ Mannu S/o Shri Narendra Sharma 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 in any other offence(s) during currency of the bail and petitioners shall mark their presence in first week of every month in the concerned police station, till trial is concluded. 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 [2025:RJ-JP:29824] (4 of 4) [CRLMB-8111/2025] 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 a copy of this order to the concerned SHO for necessary compliance. 11. The observations made hereinabove are only for decision of these instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/243-245