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2025 DAILYLAW 23978 (RAJ)

MAHESH S/O BHOLA RAM v. STATE OF RAJASTHAN

CRLMB/8774/2025 · 2025-08-01

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:30355] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8774/2025 Mahesh S/o Bhola Ram, Resident Of Village Dhani Kundli Bhuri Bhadaj, Police Station Pragpura, Tahsil Kotputli, District Jaipur, Presently District Kotputli Behror.(Raj) (At Present Is In Confined In Central Jail, Alwar.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mahendra Kumar Saini For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 01/08/2025 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.148/2025 registered at Police Station Neemrana, District Kotputli-Behror for the offence punishable under Section 136 of the Electricity Act, 2003. After completion of investigation, police filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that maximum punishment for alleged offence is three years. It is contended that charge-sheet has been filed and trial will take considerable time in its conclusion. Counsel contends that petitioner is in custody since 12.05.2025 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:30355] (2 of 3) [CRLMB-8774/2025] 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that petitioner is a habitual offender as eight other cases have been registered against him. 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 maximum punishment for alleged offence is three years; charge- sheet has been filed and trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Mahesh S/o Bhola Ram, shall be released on bail provided, he shall furnish 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 on first week of every month in the concerned police station. The petitioner is further directed to provide his [2025:RJ-JP:30355] (3 of 3) [CRLMB-8774/2025] mobile number to the concerned SHO and he will not switch off his mobile phone. 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 Court in this regard. 9. Office is directed to send a copy of this order to the concerned SHO for necessary 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 CHARU SONI /284