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[2025:RJ-JP:35109] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10502/2025 Naharsingh S/o Mataprasad, Aged About 40 Years, R/o Mahdwar Mohalla Ward No. 15, Police Station Rajakhera, District Dholpur (Raj.) (At Present Confined In District Jail, Dholpur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dushyant Jain, Adv., with Ms. Tanisha Jain, Adv. For Respondent(s) : N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP 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.272/2025 registered at Police Station Raja Khera, District Dholpur for the offences punishable under Sections 303(2), 112(2), 338, 336(3), 340(2) 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 alleged offences are triable by Magistrate. He further submits that there is no private complainant with regard to the theft of the motorcycle and petitioner has been made accused solely on the basis of the fact that engine number of the motorcycle does not match with the
[2025:RJ-JP:35109] (2 of 3) [CRLMB-10502/2025] engine number mentioned in the registration certificate. He argues that no purpose would be served by keeping the petitioner behind bars, and neither any interrogation nor any recovery is required from 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 06.08.2025 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.
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; alleged offences are triable by Magistrate; 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 - Naharsingh S/o Mataprasad 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
[2025:RJ-JP:35109] (3 of 3) [CRLMB-10502/2025] which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. 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/179