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2025 DAILYLAW 27293 (RAJ)

ANKESH S/O AMRITLAL v. STATE OF RAJASTHAN

CRLMB/10168/2025 · 2025-09-01

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:34899] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10168/2025 Ankesh S/o Amritlal, R/o Village Varkheda, Dhondh, Police Sta- tion Aangai, At Present Ghonspur Ghraiya Ka Adda, Police Sta- tion Kanchanpur, District Dholpur. (At Present Accused Petitioner Confined In Distirct Jail Dholpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Amitabh Jatav For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Assitt, G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 01/09/2025 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.10/2025 registered at Police Station Sone Ka Gurja, District Dholpur (Rajasthan) for the offences punishable under Sections 303(2), 317(2) & 318(4) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that petitioner was not apprehended at the spot and he has been made accused on the basis of disclosure made by the co-accused persons who were apprehended at the spot. Counsel submits that though, five other cases have been registered against the petitioner but in the present case, there is no legal evidence [2025:RJ-JP:34899] (2 of 3) [CRLMB-10168/2025] available on record. It is submitted that trial will take considerable time in its conclusion. Petitioner is in custody since 17.07.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that petitioner is habitual offender as five other cases have been registered against him. 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, as also the fact that petitioner has been made accused on the basis of disclosure made by the co-accused persons who were apprehended at the spot; 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 fit and proper to allow this bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioner- Ankesh S/o Amritlal 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. 7. It is made clear that the accused-petitioner shall not involve [2025:RJ-JP:34899] (3 of 3) [CRLMB-10168/2025] in any other offence(s) during currency of the bail and he shall mark his presence in first week of every 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 LALIT MOHAN /137