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2025 DAILYLAW 2557 (RAJ)

PRASHANT KUMAR S/O SHRINIWAS v. STATE OF RAJASTHAN

CRLMB/137/2025 · 2025-03-07

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:10685] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 137/2025 Prashant Kumar S/o Shriniwas, Aged About 36 Years, R/o Shobhawaton Ki Dhani, Makan No. 10, Pal Road, Jodhpur. (Accused Petitioner Is Confined In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ravi Kant Sharma For Respondent(s) : Ms. Arti Sharma, PP with Mr. Shubham Sain, AAAG Mr. Abhishek B. Sharma for Mr. Lakshya Sharma, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/03/2025 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.281/2024 registered at Police Station Vijay Nagar, District Beawar for the offences under Sections 316(2), 318(4), 338, 340(2) & 61(2)(a) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 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 alleged offences are triable by Magistrate. It is submitted that vague allegations have been levelled against the petitioner that he took 46 lakh rupees from the complainant but complainant has no receipt to show that he gave the said amount to petitioner. Learned counsel contends that petitioner has no criminal antecedents and he is in custody since [2025:RJ-JP:10685] (2 of 2) [CRLMB-137/2025] 11.12.2024. Further custody of the petitioner would not serve any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose 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 petitioner, as also considering the fact that petitioner has no criminal antecedents; charge-sheet has been filed and trial will take time in its conclusion, 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 - Prashant Kumar S/o Shriniwas, shall be released on bail provided he surrenders his passport with the trial court and 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. (ANIL KUMAR UPMAN),J CHARU SONI /352