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[2025:RJ-JP:24370] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13942/2024 Bharat S/o Manoj Mehra, Aged About 28 Years, R/o Kayasth Mohalla, Purani Mandi, Ajmer, Police Station Kotwali, District Ajmer, Rajasthan. (At Present Accused Petitioner Confined In Central Jail Ajmer). ----Accused/Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant : Mr. Raj Kumar Kasana, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. with Mr. Vivek Sharma, Addl.G.A.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 03/07/2025
1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S., 2023 against the
order dated 28.10.2024 passed by learned Additional Sessions Judge No.1, Ajmer in Bail Application No.221/2024 arising out of FIR No.164/2024, registered at Police Station Pisangan, District Ajmer for the offences punishable under Section 143(4) of B.N.S., 2023 by which the bail application of the accused-applicant under Section 483 of B.N.S.S., 2023 has been dismissed.
2.
Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case.
Learned counsel also submits that charge-sheet for the offences punishable under Sections 143(4) and 3(5) of B.N.S., 2023 has been filed against the present accused-applicant. Learned counsel
[2025:RJ-JP:24370] (2 of 3) [CRLMB-13942/2024] further submits that the accused-applicant is not involved in this case, as he was driver of the alleged vehicle in which the other co-accused persons have abducted the prosecutrix.
3.
Learned counsel for the accused-applicant contends that the maximum sentence, which can be awarded to the accused- applicant is 10 years. Learned counsel also contends that since 18.10.2024, the accused-applicant is behind the bars and trial against the accused-applicant is yet to commence, therefore, the accused-applicant be enlarged on bail.
4.
Learned counsel appearing on behalf of the State while vehemently opposing this bail application submits that looking to the seriousness of the offence committed by the accused- applicant, he should not be enlarged on bail.
5. Heard learned counsel for the parties and also perused the material available on record.
6. It is an admitted fact that the accused-applicant is driver of the alleged vehicle, in which the prosecutrix was taken away by the co-accused persons namely Puja and Rani, who with the common intention of the co-accused Aslam, have abducted the prosecutrix and took her away.
7. Considering the overall facts and circumstances of the case; looking to the period of custody of the accused-applicant; that the charge-sheet has already been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant.
[2025:RJ-JP:24370] (3 of 3) [CRLMB-13942/2024]
8. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Bharat S/o Manoj Mehra, arrested in connection with FIR No.164/2024, registered at Police Station Pisangan, District Ajmer shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicant will be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(ASHUTOSH KUMAR),J AARZOO ARORA /6