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2025 DAILYLAW 32669 (RAJ)

MUKESH @ MILAPCHAND S/O HUKAMCHAND v. STATE OF RAJASTHAN

CRLMB/13806/2024 · 2025-01-17

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:2474] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13806/2024 Mukesh @ Milapchand S/o Hukamchand, Aged About 36 Years, R/o Peeplaj Police Station Khanpur District Jhalawar (At Present Confined In District Jail, Jhalawar (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Mehrish For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Rajkumar Suthar, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/01/2025 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.265/2024 registered at Police Station Khanpur, District Jhalawar for the offences punishable under Sections 331(2) & 326(g) of BNS. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that cross cases have been registered between the parties. Admittedly, there is land dispute between the parties. Learned counsel contends that investigation is almost complete. It is contended that petitioner is in custody since 21.10.2024. Trial will take time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:2474] (2 of 3) [CRLMB-13806/2024] 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by the counsel for the petitioner. It is submitted that three 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 considering the fact that there is land dispute between the parties; petitioner is in custody since 21.10.2024 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 Mukesh @ Milapchand S/o Hukamchand, 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. 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 [2025:RJ-JP:2474] (3 of 3) [CRLMB-13806/2024] is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If breach of this condition 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 the petitioner by this Court. (ANIL KUMAR UPMAN),J CHARU SONI /109