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2025 DAILYLAW 25596 (RAJ)

DHEERAJ KUMAR S/O SULTAN SINGH v. STATE OF RAJASTHAN

CRLMB/9445/2025 · 2025-08-21

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:33088] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9445/2025 Dheeraj Kumar S/o Sultan Singh, Aged About 48 Years, R/o Vinoba Basti, Alanpur, Police Station Kotwali, District Sawai Madhopur. (At Present Confined In District Jail Sawaimadhopur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Teeka Ram Meena with Mr. Vinod Kumar Singhal For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP Mr. Tarun Jain HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/08/2025 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.39/2025 registered at Police Station Kotwali Sawai Madhopur, District Sawai Madhopur for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 329(3) & 60(b) of Bharatiya Nyaya Sanhita, (in short, ‘BNS’), 2023. Investigation is being conducted for the offences punishable under Sections 316(2), 318(4), 338, 336(3), 340(2) & 61(2)(a) of BNS, 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that alleged offences are triable by Magistrate. Counsel submits that it has been alleged in the FIR that petitioner and [2025:RJ-JP:33088] (2 of 3) [CRLMB-9445/2025] other co-accused persons received Rs.1,50,000/- from the complainant in lieu of agreement to sale with regard to plot No.43. It is contended that there are no criminal antecedents against the petitioner of similar nature and trial will take considerable time in its conclusion. It is argued that petitioner is in custody since 11.07.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by counsel for the petitioner. 4. Learned counsel for the complainant submits that same plot has been sold by the petitioner on several occasions. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, as also considering the fact that alleged offences are triable by Magistrate, there are no criminal antecedents against the petitioner of similar nature and trial will take considerable 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. 7. This bail application is accordingly allowed and it is directed that accused-petitioner - Dheeraj Kumar S/o Sultan Singh, 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 [2025:RJ-JP:33088] (3 of 3) [CRLMB-9445/2025] 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. 8. 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 the first week of every month in the concerned police station, till trial is concluded. 9. 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. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. 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. 12. 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 /147