JAYANT KUMAR S/O MUKESH KUMAR v. STATE OF RAJASTHAN
CRLMB/15611/2024 · 2025-03-07
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34361 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34361 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:10356] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 15611/2024 Jayant Kumar S/o Mukesh Kumar, Aged About 23 Years, R/o Bhagwadi Kala, Tehsil Behrod, District Alwar, Rajasthan. (At Present Confined In Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pradeep Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 07/03/2025
1. The second bail application under Section 483 of BNSS has been filed, on behalf of the petitioner, who has been arrested in connection with FIR No.860/2021 registered at Police Station Behrod, District Bhiwadi (Raj.) for the offences punishable under Sections 302, 201, 394 & 34 of IPC and Sections 3/25 & 5/27 of Arms Act. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 302, 201, 394, 34, 379, 411, 465 & 482 of IPC and Sections 3/25, 5/27 & 9 Arms Act.
2. First bail application of the petitioner was dismissed as withdrawn vide order dated 07.05.2024 with liberty to file fresh bail application after recording testimony of material witnesses including complainant.
[2025:RJ-JP:10356] (2 of 3) [CRLMB-15611/2024]
3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that petitioner was arrested on 09.11.2021 while charges were framed against him on 23.01.2024. It is submitted that till date no prosecution witness has been examined despite issuance of bailable warrants to ensure their presence. Charge-sheet has been filed and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose.
4. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioner however, fairly concedes that till date no prosecution witness has been examined.
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 both the parties, so also considering the fact that till date no prosecution witness has been examined despite issuance of bailable warrant; charge-sheet has been filed and 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 second bail application.
7. This second bail application is accordingly allowed and it is
directed that accused-petitioner - Jayant Kumar S/o Mukesh Kumar, 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
[2025:RJ-JP:10356] (3 of 3) [CRLMB-15611/2024] 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.
8. The observation made herein above 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 /18