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2025 DAILYLAW 33300 (RAJ)

BANTI S/O JAGANNATH v. STATE OF RAJASTHAN

CRLMB/14527/2024 · 2025-01-28

Anil Kumar Upman

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14527/2024 Banti S/o Jagannath, R/o Gajjipura, Police Station Badi Sadar, District Dholpur-Raj. (At Present Accused Petitioner Confined In District Jail Dholpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. R.R. Baisla For Respondent(s) : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/01/2025 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.25/2024 registered at Police Station Sone Ka Gurja, District Dholpur for the offences punishable under Sections 353, 307 of IPC and Sections 3(1), 25(1B), 5(1)(A), 25(1)(A) of Arms Act and Section 11 of RD.A. Act. Charge-sheet has been filed for offences under Sections 353, 307 of IPC and Sections 3(1), 25(1B), 5(1)(A), 25(1)(A) of Arms Act and Section 11 of RD.A. Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that no one from the complainant side received any injury. Rather, it is evident from the charge-sheet that petitioner himself sustained gunsot in his right leg. It is submitted (2 of 3) [CRLMB-14527/2024] that petitioner is in custody since 04.06.2024. Charge-sheet has been filed, 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 further submits that petitioner is a habitual offender as 10 other cases have been registered against him. Thus, bail should not be granted. 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 no one from the complainant side received any injury; petitioner is in custody since 04.06.2024; charge-sheet has been filed 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 Banti S/o Jagannath, 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 (3 of 3) [CRLMB-14527/2024] in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month, till trial is concluded. 8. 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 ANAND TANWAR /116