Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 27920 (RAJ)

NIRMAL BHATI S/O SHRI KUNDAN LAL v. STATE OF RAJASTHAN

CRLMB/10514/2025 · 2025-09-11

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:36882] sHIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10514/2025 Nirmal Bhati S/o Shri Kundan Lal, Aged About 48 Years, R/o Shakun Residency Jhalawar, Police Station Kotwali Jhalawar, District Jhalawar Rajasthan. (Accused Presently Confined In Dist. Jail, Jhalawar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Deepak Soni For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A. Mr. Ansu Agarwal for Mr. Ajay Kumar Jain HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/09/2025 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.480/2025 registered at Police Station Kotwali Jhalawar, District Jhalawar (Rajasthan) for offence punishable under Section 329(3) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. Investigation is being conducted against the petitioner for offences punishable under Sections 329(3), 316(2) and 318(4) of BNS, 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that alleged offences are triable by Magistrate. Counsel submits that parties have resolved their dispute amicably. Counsel submits that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 02.08.2025 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:36882] (2 of 2) [CRLMB-10514/2025] 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 4. Learned counsel appearing for the complainant does not dispute the factum of compromise and submits that complainant has no objection if this bail application is accepted. 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 considering fact that parties have resolved their dispute amicably, as also the fact that alleged offences are triable by Magistrate 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 fit and proper to allow this bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner -Nirmal Bhati S/o Shri Kundan Lal 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. 8. The observations made hereinabove are only for decision of the instant bail application and would prejudice the trial in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /250