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2025 DAILYLAW 25738 (RAJ)

PRAKASH CHAND S/O ROOP CHAND v. STATE OF RAJASTHAN

CRLMB/9504/2025 · 2025-08-08

Anil Kumar Upman

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:30821] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9449/2025 Naveen Kumar S/o Pyarelal, Aged About 24 Years, R/o Village Bhanokhar, PS Bahatukala, Distt. Alwar. Presently Kemala, PS Vaishali Nagar, Alwar. (Accused Petitioner Presently In Alwar Jail). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9504/2025 Prakash Chand S/o Roop Chand, Aged About 35 Years, R/o New Basti, Delhi Road, Diwakari, Alwar Rajasthan. (Presently Accused Confined In Jail, Alwar). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 9841/2025 Jamshed @ Jamma S/o Mohammada, Aged About 43 Years, R/o Teshti, Police Station Sikari, Distt. Deeg (Rajasthan). (At Present Confined At District Jail, Alwar). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : S.S. Hasan, Sr. Adv., assisted by Mr. Aquif Khan, Adv., Mr. Anirudh Tyagi, Adv., and Mr. Kapil Gupta, Adv., with Mr. Sushil Yadav, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP and Mr. Ravindra Kumar, Adv., for complainant. [2025:RJ-JP:30821] (2 of 4) [CRLMB-9449/2025] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/08/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.194/2025 registered at Police Station Vaishali Nagar, District Alwar for the offences punishable under Sections 318(4), 316(2) and 61(2) of BNS, 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that bare perusal of the FIR would reveal that false story has been narrated by the complainant. They argue that trial of the case will take considerable time in its conclusion. They contend that the petitioners are in custody since 11.07.2025 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by the learned counsel for the petitioners. Learned counsel for the complainant submits that in a very planned manner, complainant has been cheated by the petitioners by supplying fake currency to the complainant. 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 parties, especially considering the material available on record in the form of case diary and trial will take [2025:RJ-JP:30821] (3 of 4) [CRLMB-9449/2025] 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 proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1. Naveen Kumar S/o Pyarelal, 2. Prakash Chand S/o Roop Chand, and 3. Jamshed @ Jamma S/o Mohammada 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, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned 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 [2025:RJ-JP:30821] (4 of 4) [CRLMB-9449/2025] 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 observation made herein above is only for decision of these instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/S-447-449