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2025 DAILYLAW 33863 (RAJ)

CHIRANJI BAGARIYA S/O NAVRATAN BAGARIYA v. STATE OF RAJASTHAN

CRLMB/15038/2024 · 2025-01-21

Praveer Bhatnagar

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15038/2024 Chiranji Bagariya S/o Navratan Bagariya, R/o Bandha Ki Dhani, Village Pinach, Police Station Phagi, District Dudu, Presently Khana Badosh, Near City Park, Police Station Shiprapath, Jaipur. (Presently Languishing In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Yenu Satyan For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 21/01/2025 1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of the accused-petitioner. The accused- petitioner has been arrested in connection with FIR No.842/2024 registered at Police Station Mansarovar, District Jaipur City (South) for the offence(s) under Sections 304(2) of IPC. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that the charge-sheet has already been produced before the concerned Court and the matter is exclusively triable by Magistrate. The accused-petitioner is in custody since 25.10.2024 and trial/investigation of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposed the bail application and contended that the accused-petitioner is a habitual offender and 10 other cases of similar nature have been registered against him. It is also contended that the charge-sheet has been produced against him and there are criminal antecedents against (2 of 2) [CRLMB-15038/2024] the accused-petitioner, therefore, the bail application deserves to be dismissed. 4. Heard and perused the material available on record. 5. Considering the fact that the accused-petitioner is in custody since long and the matter is exclusively triable by Magistrate, trial/investigation of the case may take considerable time, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner- Chiranji Bagariya S/o Navratan Bagariya in connection FIR No.842/2024 registered at Police Station Mansarovar, District Jaipur City (South), shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. 7. The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused-petitioner to the trial Court, every month. In case of any breach of the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J DEEPA RANI -319