TARACHAND @ TARA S/O GULLA RAM v. STATE OF RAJASTHAN
CRLMB/8810/2025 · 2025-08-12
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24057 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24057 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:31218] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8052/2025 Mahendra Kumar S/o Kailash Chand, Aged About 23 Years, R/o Chakmanoharpur, Police Chandwaji, District Jaipur (Raj.) ( At Present Confined In Sub Jail Shahpura) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8810/2025 Tarachand @ Tara S/o Gulla Ram, Aged About 23 Years, R/o Kharlwa Ki Dhani, Tan Bahlod, Police Station Raisar, District Jaipur, Rajasthan. (Presently Confined To District Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mohammad Aslam Mr. Gajendra Singh Rathore with Mr. Navdeep Singh For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Raghuvir Sing, SI and SHO, P.S. Raisar, District, Jaipur Rural (Raj.) HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 12/08/2025
1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No. 95/2025 registered at Police Station Manoharpur, District Jaipur Rural (Rajasthan) for the offences punishable under Sections 140(2), 308(2), 308(4), 308(5) and
[2025:RJ-JP:31218] (2 of 4) [CRLMB-8052/2025] 351(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter.
2.
Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submit that petitioner Tarachand @ Tara was already in custody in connection with FIR No.51/2025 registered at Police Station Raisar, District Jaipur Rural and during investigation, his interrogation note was prepared by the Investigating Officer who is complainant of this case. Counsel submit that impugned FIR was lodged by the Investigating Officer on the basis of statement made by petitioner- Tarachand @ Tara in FIR No.51/2025. It is submitted that thereafter, statement of the victims were recorded wherein it was alleged that petitioners extorted money from them. Counsel submit that no recovery has been made from the possession of the petitioners. Counsel submit that earlier, no one levelled any allegation against the petitioners and same has only been levelled when impugned FIR came to be registered against them. It is submitted that trial will take considerable time in its conclusion. Counsel submit that petitioner- Mahendra Kumar is in custody since 12.06.2025 and petitioner- Tarachand @ Tara is in custody since 01.05.2025 and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners and submits that several other cases have been registered against the petitioners.
4. I have considered the contentions.
[2025:RJ-JP:31218] (3 of 4) [CRLMB-8052/2025]
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially considering the material available on recorded in the form of charge-sheet 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 these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners-(1) Mahendra Kumar S/o Kailash Chand and (2) Tarachand @ Tara S/o Gulla Ram 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 they shall mark their presence in first week of every month in the concerned police station.
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners. In case the petitioners fail to mark their presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned
[2025:RJ-JP:31218] (4 of 4) [CRLMB-8052/2025] 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 the instant bail applications and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J LALIT MOHAN /104-105