Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:8076] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 506/2025 Kamlesh S/o Trilokchand, Aged About 36 Years, R/o Ward No. 40, Near Ramniranjan Modi Ki Kothi, Fatehpur, P.S. Kotwali Fatehpur, District Sikar. (At Present Confined In Sub Jail, Fatehpur District Sikar). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sunil Kumar Chechi, Adv., for Mr. Devendra Kumar Chauhan, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 21/02/2025
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.211/2023 registered at Police Station Fatehpur Kotwali, District Sikar for the offence punishable under Section 379 of IPC. Later on, Police has filed charge-sheet in this matter.
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 for which maximum punishment is three years. He argues that charge-sheet has already been filed, there are no criminal antecedents against the petitioner and trial of the case
[2025:RJ-JP:8076] (2 of 2) [CRLMB-506/2025] will take considerable time in its conclusion. He contends that the petitioner is in custody since 08.09.2024 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 as also looking to the fact that alleged offence is triable by Magistrate; charge-sheet has been filed, absence of criminal antecedents and trial will take 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 - Kamlesh S/o Trilokchand 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.
(ANIL KUMAR UPMAN),J MADAN/S-516