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2025 DAILYLAW 32402 (RAJ)

LAXMINARAYAN S/O RATANLAL v. STATE OF RAJASTHAN

CRLMB/13511/2024 · 2025-01-16

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:2346] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13511/2024 Laxminarayan S/o Ratanlal, R/o Shiv Colony Masuda Road Beawar Police Station Beawar City District Beawar (Rajasthan) (At Present Accused Confined In Jail Beawar). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dushyant Singh Naruka, Adv. For Respondent(s) : Mr. N.S. Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/01/2025 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.427/2024 registered at Police Station Saket Nagar, District Beawar for the offence punishable under Section 304(2) of BNS. Later on, Police has filed charge-sheet in this matter for the offences punishable under Sections 304(2) and 311 of BNS, 2023. 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 FIR was lodged against unknown person but without there being any evidence, the petitioner has been arrested in this case. He submits that it appears from the documents annexed with the charge-sheet that no T.I. Parade has been conducted in this matter. He further submits that charge- [2025:RJ-JP:2346] (2 of 3) [CRLMB-13511/2024] sheet has already been filed, there are no criminal antecedents against the petitioner and trial of the case will take considerable time. He argues that the petitioner is in custody since 15.10.2024 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 the fact that 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 - Laxminarayan S/o Ratanlal 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. 7. 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 once in every three months in the concerned [2025:RJ-JP:2346] (3 of 3) [CRLMB-13511/2024] police station, till trial is concluded. 8. 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. 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 him by this Court. (ANIL KUMAR UPMAN),J MADAN/144