MAHIPAL SINGH PACHAR S/O SHRI DAYARAM v. STATE OF RAJASTHAN
CRLMB/9884/2025 · 2025-08-28
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26683 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26683 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:34422] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9884/2025 Mahipal Singh Pachar S/o Shri Dayaram, Aged About 42 Years, R/o Choudhary Charan Singh Nagar Sikar, P.S. Udhyog Nagar Sikar, Distt. Sikar (Raj.) (At Present Confined At District Jail, Sikar). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Tanmay Dhand, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 28/08/2025
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.94/2025 registered at Police Station Khatushyamji Sadar, District Sikar for the offences punishable under Sections 140(3), 309(4), 126(2), 115(2), 351(2), 351(3) and 3(5) 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 name of the petitioner is not appearing in the statement of the victim. He has been made accused in this case solely on the basis of the fact that vehicle belonging to the petitioner was being used by the co-accused and financial aid was also provided to the co-accused by the petitioner. [2025:RJ-JP:34422] (2 of 3) [CRLMB-9884/2025] He further submits that neither petitioner is owner of the vehicle nor same has been recovered from the possession of the petitioner. He contends that there are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. He argues that the petitioner is in custody since 12.07.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner, but fairly concedes that name of the petitioner does not figure in the statement of the victim. 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, especially considering the material available on record in the form of case diary; absence of criminal antecedents 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. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Mahipal Singh Pachar S/o Shri Dayaram 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
[2025:RJ-JP:34422] (3 of 3) [CRLMB-9884/2025] 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-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence once in every three month in the concerned police station. 8. 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. 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 court to cancel the bail granted to him by this Court. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. 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 MADAN/160