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[2025:RJ-JP:193] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15673/2024 Mukesh Kumar S/o Rajendra Kumar, Aged About 19 Years, R/o Fagalwa, Police Station Sadar, Sikar, District Sikar (Raj.) (At Present Accused Confined In District Jail, Sikar). ----Petitioner Versus The State Of Rajasthan, Through Its PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15675/2024 Kishan S/o Lalchand, Aged About 24 Years, R/o Ward No. 30, Fatehpur, Police Station Kotwali Fatehpur, District Sikar (Raj.) (At Present Accused Confined In District Jail, Sikar). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Khedar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 02/01/2025
1. These instant bail applications have been filed under Section 483 of BNSS, on behalf of the petitioners, who have been arrested in connection with FIR No.410/2024 registered at Police Station Sadar Sikar, District Sikar (Raj.) for the offences punishable under Sections 331(4), 305(a) & 326(f) of BNS. During investigation, offences punishable under Sections 331(4), 305(a) & 326(f) of BNS have been found proved against the petitioners.
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2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submits alleged offences are triable by Magistrate. Petitioners are in custody since 17.11.2024 & there are no criminal antecedents against them. Further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioners.
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 alleged offences are triable by Magistrate; absence of criminal antecedents of the petitioners 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 these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners 1) Mukesh Kumar S/o Rajendra Kumar & 2) Kishan S/o Lalchand 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 called upon to do so.
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7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail.
8. If any 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 them by this Court.
(ANIL KUMAR UPMAN),J LALIT MOHAN /191-192