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2025 DAILYLAW 32465 (RAJ)

ISHWAR S/O SHRI KAILASH CHAND v. STATE OF RAJASTHAN

CRLMB/13619/2024 · 2025-02-20

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:7740] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13619/2024 1. Ishwar S/o Shri Kailash Chand, R/o Village Meena, P.S. Khachrod, District Ujjain (M.P.) (Accused At Present Confined In Central Jail Kota) 2. Deepak S/o Shri Dashrath, R/o Village Bhimpura, P.S. Nagada, District Ujjain (M.P.) (Accused At Present Confined In Central Jail Kota) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1620/2025 Mukesh Chandrawanshi S/o Shri Sukhdev Chandrawanshi, Aged About 32 Years, R/o Village Meen P.s. Khachrod, District Ujjain (Madhya Pradesh). (Accused At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Narendra Dhakad, PP with Mr. Gaurav Gupta, Asst. GA Mr. Sanjay Sharma, complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/02/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.0525/2024 registered at Police Station [2025:RJ-JP:7740] (2 of 3) [CRLMB-13619/2024] Udhyog Nagar, District-(Kota City) for the offences punishable under Sections 420 and 406 of IPC. 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Counsel submits that the petitioners are not named in the FIR. Alleged offences are triable by Magistrate. Counsel submits that investigation is being conducted for the offences punishable under Sections 420 and 406 of IPC. Petitioners are in custody since their date of arrest and trial will take considerable time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose. There are no criminal antecedents against the petitioners. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. 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 petitioners, material available on record and also the fact that petitioners are not named in the FIR; absence of criminal antecedents of the petitioners; period of custody and trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Ishwar S/o Shri Kailash Chand (2) Deepak S/o Shri Dashrath and (3) Mukesh Chandrawanshi S/o Shri Sukhdev Chandrawanshi shall be released on bail provided each of them furnishes a personal bond in [2025:RJ-JP:7740] (3 of 3) [CRLMB-13619/2024] 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 they 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 Sunita/70-71