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2025 DAILYLAW 26566 (RAJ)

SURYA PRATAP SINGH S/O LATE MADAN SINGH v. STATE OF RAJASTHAN

CRLMB/9646/2024 · 2025-01-08

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:1061] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 9646/2024 Surya Pratap Singh S/o Late Madan Singh, Aged About 37 Years, R/o Near Leharo Ki Barkha Newspaper Office, Shreenagar Road, Police Station Alwar Gate. (At Present Confined In Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Anushree Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/01/2025 1. The instant second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.09/2023 registered at Police Station Pushkar, District Ajmer for the offences under Sections 307, 302, 34 of IPC & Section 3/25 of Arms Act. 2. The first bail application (No.10412/2023) was dismissed by this Court vide order dated 11.12.2023 with liberty to renew the prayer of bail after recording the testimony of three witnesses namely Dinesh Tiwari, Hari Singh & Khaliknoor. Now, statement of aforesaid witnesses have been recorded during the course of trial. Thus, this second bail application has been preferred. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. She submits that similar situated person namely Dharam Pratap Singh has been granted benefit of pre-arrest bail by the co-ordinate [2025:RJ-JP:1061] (2 of 2) [CRLMB-9646/2024] bench of this court. Petitioner is in custody since 07.01.2023. Further custody of the petitioner would not serve any fruitful purpose. 4. Per contra, learned Public Prosecutor opposes the submissions made by learned counsel for petitioner. 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 petitioner, especially the fact that similar situated person namely Dharam Pratap Singh has been granted pre-arrest bail by the co-ordinate bench of this court vide order dated 19.12.2024; looking to the custody period of the petitioner which is almost two years, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner- Surya Pratap Singh S/o Late Madan Singh, 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 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 GAUTAM JAIN /49