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2025 DAILYLAW 25921 (RAJ)

SANJAY BIJAWAT S/O KISHAN GOPAL BIJAWAT v. THE STATE OF RAJASTHAN

CRLMB/9584/2025 · 2025-07-30

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:28981] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9584/2025 Sanjay Bijawat S/o Kishan Gopal Bijawat, Aged About 54 Years, R/o House No. 78-B, Ganpati Nagar, BK Kaul Nagar, Ajmer. Present Tenant In The House Of Girdhar Gopal, Gali No. 2, Dayanand Colony, Ramnagar, Ajmer. (At Present Confined In Central Jail, Ajmer). ----Accused-Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kartikey Johary, Adv., with Mr. Harshad Kapoor, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP and Mr. Akash Saxena, Adv., for complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/07/2025 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.604/2023 registered at Police Station Christianganj, District Ajmer for the offences punishable under Sections 420 & 120B of IPC. During course of investigation, offences punishable under Sections 419, 465, 467, 468 and 471 have also been added. 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 arrest of the petitioner has been made in utter violation of Section 35 of BNSS, 2023 (corresponding to Section 41A of Cr.P.C.). Counsel further submits [2025:RJ-JP:28981] (2 of 3) [CRLMB-9584/2025] that petitioner is not named in the FIR. He further submits that trial of the case will take considerable time in its conclusion. He argues that the petitioner is in custody since 24.06.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by learned counsel for the petitioner and submits that one other case has also been registered against the petitioner for almost similar offence. 4. At this stage, learned counsel appearing for the petitioner submits that he has already been acquitted in the said case. 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, especially the fact that petitioner is not named in the FIR 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 proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner - Sanjay Bijawat S/o Kishan Gopal Bijawat shall be released on bail provided he 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 [2025:RJ-JP:28981] (3 of 3) [CRLMB-9584/2025] 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. The observation made hereinabove is 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 MADAN/372