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2025 DAILYLAW 27998 (RAJ)

MOHIT CHOUDHARY @ BANTI S/O SHREE HARINAYARAN v. STATE OF RAJASTHAN

CRLMB/10517/2025 · 2025-08-27

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:34117] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10517/2025 Mohit Choudhary @ Banti S/o Shree Harinayaran, Aged About 20 Years, R/o Parali, PS-Pachewar, District Tonk At Present Petitioner Is Confined In Central Jail, Ajmer. ----Petitioner Versus State Of Rajasthan, Through PP, Kishangarh District Ajmer. ----Respondent For Petitioner(s) : Mr. Dinesh Pareek, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/08/2025 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.63/2024 registered at Police Station Bandar Sindari, District Ajmer for offence punishable under Section 379 of IPC. 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 alleged offence is triable by Magistrate. He argues that trial of the case will take considerable time in its conclusion. He contends that the petitioner is in custody since 10.05.2025 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 and submits that petitioner [2025:RJ-JP:34117] (2 of 3) [CRLMB-10517/2025] is a habitual offender as 10 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, especially the fact that alleged offence is triable by Magistrate and trial will take time in its conclusion as well as looking to the period of custody which is more than nine months, 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 – Mohit Choudhary @ Banti S/o Shree Harinayaran 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 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, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the [2025:RJ-JP:34117] (3 of 3) [CRLMB-10517/2025] petitioner fails to mark his presence in the concerned police station, as directed above, 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 copy of this order to the concerned SHO for necessary compliance. 11. 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/132