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2025 DAILYLAW 32293 (RAJ)

MANOJ KUMAR S/O SHRI SURJARAM v. STATE OF RAJASTHAN

CRLMB/13357/2024 · 2025-01-27

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:3781] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13357/2024 Manoj Kumar S/o Shri Surjaram, Aged About 40 Years, R/o Village Tidoki, Choti Police Station Nechwa, District Sikar, Rajasthan. (At Present Accused Petitioner Confined In District Jail Sikar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Narendra Kumar For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. Gajender Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/01/2025 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.149/2024 registered at Police Station Nechwa, District Sikar (Raj.) for the offences punishable under Sections 189(2), 126(2), 115(2), 140(3) & 307 of BNS. Later on, police filed charge-sheet for the offences punishable under Sections 126(2), 115(2), 140(3), 140(4) & 117(2)of BNS. 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 none of the injuries sustained to injured has been opined as dangerous to life. He submits that grievous injury has been found on the non-vital part of the body of the injured. It is submitted that co-accused person of this case [2025:RJ-JP:3781] (2 of 3) [CRLMB-13357/2024] has been granted bail by the learned trial court. Petitioner is in custody since 29.08.2024. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by learned counsel for the petitioner. They submit that petitioner is a habitual offender as 6 other cases have been registered against him. Learned counsel for complainant further submits that petitioner is continuously committed offence with the family of the complainant. 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 both the parties, especially the fact that none of the injuries has been opined as dangerous to life & co-accused person of this case has been granted bail by the learned trial court; charge-sheet has been filed as well as looking to the custody period, 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 - Manoj Kumar S/o Shri Surjaram, 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 [2025:RJ-JP:3781] (3 of 3) [CRLMB-13357/2024] court to 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 is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. 8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. 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 him by this Court. (ANIL KUMAR UPMAN),J GAUTAM JAIN /105