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2025 DAILYLAW 23770 (RAJ)

AVDHESH S/O GIRRAJ v. THE STATE OF RAJASTHAN

CRLMB/8739/2025 · 2025-07-31

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:29108] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8739/2025 Avdhesh S/o Girraj, R/o Cheetapura Motipura Post Nadeem Police Station Sainya District Agra Up (Presently Confined Jail Dholpur). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. B.L. Dhakar For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 31/07/2025 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.173/2025 registered at Police Station Koalari, District Dholpur for the offence punishable under Section 318(4) of BNS, Sections 63 & 65 of Copyright Act (Amendment) 1957 and Sections 103 & 104 of the Trade Mark Act, 1999. 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. It is contended that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 30.06.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by [2025:RJ-JP:29108] (2 of 3) [CRLMB-8739/2025] 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, especially considering the fact that alleged offences are triable by Magistrate 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. The bail application is accordingly allowed and it is directed that accused-petitioner- Avdhesh S/o Girraj, 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. 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 every three months in the concerned police station. 8. 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 [2025:RJ-JP:29108] (3 of 3) [CRLMB-8739/2025] Court in this regard. 9. Office is directed to send a copy of this order to the concerned SHO for compliance. 10. 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. 11. 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 pcg/354