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2025 DAILYLAW 34330 (RAJ)

MANOJ DHOLDA S/O SHRI HOSHIYAR SINGH v. STATE OF RAJASTHAN

CRLMB/15471/2024 · 2025-02-14

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:6531] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15471/2024 Manoj Dholda S/o Shri Hoshiyar Singh, Aged About 28 Years, R/o Chak Jodhpura, Tehsil Udaipurwati, District Neemkathana, Rajasthan. (Presently Lodged In Sub Jail, Neem Ka Thana). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Harendra Singh For Respondent(s) : Mr. Jai Prakash Tiwari, PP Mr. Arpan Kumar Sharma, through V.C. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 14/02/2025 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.432/2024 registered at Police Station Neem Ka Thana, District Neem Ka Thana (Sikar) for the offences punishable under Sections 109(1), 126(2), 115(2), 189(2), 140(3), 351(2), 352 of BNS & Section 27 of Arms Act. 2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Learned counsel submits that cross-cases have been registered between the parties. He submits that allegation of causing grievous injury on the person of the injured-Satish has been levelled against co- accused-Ballu. It is submitted that none of the injuries has been opined as dangerous to life. Petitioner is in custody since [2025:RJ-JP:6531] (2 of 3) [CRLMB-15471/2024] 24.10.2024. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by the learned counsel for the petitioner. They submit that petitioner is a habitual offender as eight other cases have been registered against him. 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 petitioners, especially the fact that allegation of causing grievous injury on the person of the injured-Satish has been levelled against co-accused-Ballu; trial will take time in its conclusion as well as looking to the custody period, 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 – Manoj Dholda S/o Shri Hoshiyar Singh 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. [2025:RJ-JP:6531] (3 of 3) [CRLMB-15471/2024] 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 first week of every month, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, 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 petitioner by this Court. 10. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /357