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2025 DAILYLAW 28561 (RAJ)

KALURAM @ KALU @ LAXMAN S/O SH. SHANKAR v. STATE OF RAJASTHAN

CRLMB/10730/2025 · 2025-09-18

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:38210] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10730/2025 1. Kaluram @ Kalu @ Laxman S/o Sh. Shankar, Aged About 29 Years, R/o Village Pathraj Khurd, Tan Bhanwata, Tehsil Todaray Singh, P.S. Mour, District Tonk (Raj.) (At Present In J.c. At District Jail Jhunjhunu). 2. Omprakash @ Omya @ Mayaram S/o Harjiram @ Harji, Aged About 25 Years, R/o Jalmiya, Tehsil Malpura, P.s. Diggi, District Tonk (Raj.) (At Present In J.c At District Jail Jhunjhunu). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Majhar Hussain with Ms. Soniya Saini & Mr. Mayank Singhal For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/09/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.67/2025 registered at Police Station Sadar Jhunjhunu, District Jhunjhunu (Rajasthan) for the offences punishable under Sections 305(a) & 331(4) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Counsel submits that alleged offences are triable by Magistrate. Counsel submits that [2025:RJ-JP:38210] (2 of 3) [CRLMB-10730/2025] charge-sheet has been filed in this matter. It is submitted that trial will take considerable time in its conclusion. Petitioners are in custody since 19.06.2025 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. He submits that petitioners are habitual offenders as several other cases have been registered against them. 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 petitioners, as also the fact that alleged offences are triable by Magistrate; charge-sheet has been filed in this matter; 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 the bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioners – (1) Kaluram @ Kalu @ Laxman S/o Sh. Shankar & (2) Omprakash @ Omya @ Mayaram S/o Harjiram @ Harji shall be released on bail provided each of them 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 they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as [2025:RJ-JP:38210] (3 of 3) [CRLMB-10730/2025] and when called upon to do so. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till conclusion of the trial. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners. In case the petitioners fail to mark their 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 them 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 /149