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2025 DAILYLAW 34181 (RAJ)

ROHAN S/O SHRI MAHESH v. STATE OF RAJASTHAN

CRLMB/15358/2024 · 2025-01-10

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. 15358/2024 1. Rohan S/o Shri Mahesh, R/o Regal Basti, P.s. R.k. Puram, Kota (Raj.). (Accused At Present Confined In Central Jail Kota). 2. Ankur S/o Shri Dhanraj, R/o House No. 390, Sector E, R.k. Puram, Kota (Raj.). (Accused At Present Confined In Central Jail Kota) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Samarath Sharma For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/01/2025 1. Petitioners have filed this bail application under Section 483 of BNSS. 2. F.I.R. No. 348/2024 was registered against the petitioners at Police Station R.K. Puram, District Kota City (Raj.) for the offences punishable under Sections 109(1), 126(2), 115(2) & 189(2) of BNS. 3. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel further submits that specific allegation of causing Knife injury is against Lucky Prajapati and Anshul Sen @ Ganguly. It is also contended that petitioners are neither named in the FIR nor (2 of 3) [CRLMB-15358/2024] in the statement of the victim. Petitioners are in custody since 09.10.2024. There are no criminal antecedents of the petitioners. Charge-sheet has been filed and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. He submits that it appears from the charge-sheet that at the time of the commission of offence, petitioners were also present along with co-accused person, who caused knife injury. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially the fact that allegation of causing Knife injuries is against co-accused persons; charge-sheet has been filed; they are in custody since 09.10.2024 and trial will take time in its conclusion but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioners- Rohan S/o Shri Mahesh & Ankur S/o Shri Dhanraj shall be released on bail provided each of them 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 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 (3 of 3) [CRLMB-15358/2024] called upon to do so. 8. However, petitioners are further directed to mark their presence in the concerned police station in the once in three months, till trial is concluded. In case, the petitioners fail to mark their 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 any of these conditions 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 petitioners by this Court. 10. The observation made hereinabove is only for decision of these instant bail application and would not have any impact on the trial of the case in any manner. 11. The SHO concerned is directed to maintain a register recording attendance of the accused, as mentioned above. In case, the petitioners fails to mark his attendance as mentioned above, the SHO shall intimate the trial court immediately. (ANIL KUMAR UPMAN),J ANANDTANWAR/201