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2025 DAILYLAW 28077 (RAJ)

KAMAL KISHORE BHATI S/O MOHAN LAL BHATI v. STATE OF RAJASTHAN

CRLMB/10583/2025 · 2025-08-28

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:34459] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 10583/2025 Kamal Kishore Bhati S/o Mohan Lal Bhati, Aged About 55 Years, R/o Basiya, P.s. Raipur, At Present Resident Of Ramdev Nagar, Bar, P.s. Bar, District Beawar. (Presently Confined At Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dharmendra Joshi & Mr. Kanhaiya Lal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/08/2025 1. This second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.59/2024 registered at Police Station Kekri City, District Kekri (Rajasthan) for the offences punishable under Sections 409, 467, 468, 471, 477, 120B & 201 of IPC. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 409, 467, 468 & 471 of IPC. 2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this Court vide order dated 29.11.2024 while giving liberty to file fresh bail application before the learned trial Court under the provisions of Section 480(6) of BNSS [2025:RJ-JP:34459] (2 of 3) [CRLMB-10583/2025] (corresponding to Section 437(6) of Cr.PC). Thereafter, petitioner filed fresh bail application before the learned trial Court however, same was dismissed. Now, this second bail application has been preferred. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that first prosecution witness was examined on 18.10.2024 and till date, thirteen witnesses have been examined on behalf of prosecution and ten more witnesses are yet to be examined. It is submitted that trial will take considerable time in its conclusion. Counsel contends that petitioner is in custody since 08.04.2024 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the prayer for bail made by learned counsel for the petitioner and submits that there is allegation against the petitioner of embezzling Rs.13,68,249/-. 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 the material available on record in the form of charge-sheet 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 second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner Kamal Kishore Bhati S/o [2025:RJ-JP:34459] (3 of 3) [CRLMB-10583/2025] Mohan Lal Bhati 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 not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /290