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2025 DAILYLAW 30456 (RAJ)

MITHUN AGARWAL S/O SHRI BABULAL AGARWAL v. THE STATE OF RAJASTHAN

CRLMB/11807/2025 · 2025-09-26

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:39879] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11807/2025 Mithun Agarwal S/o Shri Babulal Agarwal, Aged About 38 Years, Resident Of Dhanwantri Nagar, Canal Road, Near Fountain Chauk, Police Station Udehi Mode, District Gangapur City At Present Tenant Of Nitish Choudhary House Street No. 11, Keshav Nagar-2, Police Station Jaisinghpura Khor, Jaipur, District Jaipur Rajasthan. ( At Present Confined At Central Jail Jaipur) ----Petitioner Versus The State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Bal Ram Vashisth For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 26/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Mithun Agarwal S/o Shri Babulal Agarwal, seeking bail in respect of a criminal case registered as FIR No.251/2025 dated 08.08.2025 registered at P.S. Jamdoli, District Jaipur City (East) for the offence under Sections 331(3), 305(A) of BNS. 2. Learned counsel for the applicant submits that the applicant, has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant-accused from the jurisdiction of this Hon’ble Court. The applicant does not [2025:RJ-JP:39879] (2 of 3) [CRLMB-11807/2025] have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant-accused submitted that main accused are Ganesh and Gaurav, who having criminal antecedents and from tomorrow, there is Navaratra and Vijayadashmi Festival and for celebrating the said Festivals with family members, the applicant may be enlarged on bail. 4. Learned counsel for petitioner further submitted that only mobile has been recovered at the instance of present petitioner and except one case there is no other criminal case against the petitioner accused. 5. Learned Public Prosecutor has vehemently opposed the bail application and submissions made by learned counsel for the applicant-accused. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. Having considered the submissions advanced on behalf of both parties and upon perusal of the material available on record, the Court finds that the grounds raised in support of the bail application, coupled with other facts such as absence of any apprehension regarding absconding of applicant- accused, tampering with evidence, or influencing witnesses, it is justified to grant of bail. 8. Thus, the instant bail application filed on behalf of applicant- accused Mithun Agarwal S/o Shri Babulal Agarwal, is hereby allowed and the applicant-accused is ordered to be [2025:RJ-JP:39879] (3 of 3) [CRLMB-11807/2025] released on bail with condition that applicant would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J Chetna/164