ATTHA @ CHANDRABHAN S/O SHRI KEERATRAM v. STATE OF RAJASTHAN
CRLMB/13277/2024 · 2025-01-08
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32305 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32305 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:1238] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13277/2024 Attha @ Chandrabhan S/o Shri Keeratram, Aged About 45 Years, R/o Dhaundhekapura, Police Station Sarmathura, District Dholpur (Rajasthan). (Accused Presently Confined At District Jail, Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Bhardwaj For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 08/01/2025
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.57/2021 registered at Police Station Masalpur, District Karauli for the offences punishable under Sections 147, 382 & 384 of IPC. During investigation, offences under Section 395 of IPC and Section 11 of Rajasthan Dacoity Affected Area Act have been found proved against the petitioner.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that petitioner is not named in the FIR. It is submitted that none of the person has sustained any injury.
Learned counsel contends that co-accused Ramavatar has been granted bail by the Co-ordinate Bench of this Court vide order
[2025:RJ-JP:1238] (2 of 3) [CRLMB-13277/2024] dated 26.10.2021 and other co-accused persons namely Banwari @ Seth and Balua have been granted benefit of pre-arrest bail by Co-ordinate Bench of this Court vide order dated 02.05.2022. It is contended that petitioner is in custody since 12.05.2024. Trial will take time in its conclusion and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that petitioner is habitual offender as 12 other cases have been registered against 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 the fact that other co-accused persons have been granted bail by Co-ordinate Bench of this Court; petitioner is in custody since 12.05.2024 and trial will take time in its conclusion, 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 Attha @ Chandrabhan S/o Shri Keeratram, 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,
[2025:RJ-JP:1238] (3 of 3) [CRLMB-13277/2024] on all subsequent dates of hearing and as and when called upon to do so.
7. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station in the first week of every month, till trial is concluded. If breach of any 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 petitioner by this Court.
(ANIL KUMAR UPMAN),J CHARU SONI /99