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2025 DAILYLAW 34664 (RAJ)

VISHNU S/O PAPPU v. STATE OF RAJASTHAN

CRLMB/15924/2024 · 2025-02-13

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:6444] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15924/2024 Vishnu S/o Pappu, R/o House No. 308, Veer Sawarkar Nagar, Mahaveer Nagar Kota. (At Present Confined In District Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Amit Dadhich For Respondent(s) : Mr. Jai Prakash Tiwari, PP Mr. N.S. Dhakar, pp HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/02/2025 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.597/2023 registered at Police Station Mahaveer Nagar, District Kota for the offences punishable under Sections 147, 148, 149, 323, 307 & 302 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that complainant of this case who is also injured has been examined during the course of trial and it has been stated by him in his court testimony that alleged knife injury was caused by the petitioner and two other persons on the person of the deceased. Counsel submits that when the complainant was examined during the course of investigation he clearly stated that knife injury was caused by co-accused namely- Vishal. It is [2025:RJ-JP:6444] (2 of 3) [CRLMB-15924/2024] submitted that father of the deceased was also examined during the course of trial and he has not supported the prosecution case and has been declared hostile. It is submitted that co-accused of this case namely- Pappu has already been granted benefit of bail by this court vide order dated 28.11.2024. There are no criminal antecedents against the petitioner. Charge-sheet has been filed. Counsel further submits that till 04.12.2024, only two witnesses have been examined out of the twenty eight cited witnesses and in these circumstances the possibility of trial taking considerable time in its conclusion cannot be ruled out. Petitioner is in custody since 30.12.2023 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. 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 both the parties, especially the fact that in Court testimony different stand has been taken by the injured witness/complainant and further considering the fact that father of the deceased has not supported the prosecution case and has been declared hostile; absence of criminal antecedents against the petitioner; charge-sheet has been filed and trial will take considerable 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 this bail application. 6. This bail application is accordingly allowed and it is directed [2025:RJ-JP:6444] (3 of 3) [CRLMB-15924/2024] that accused-petitioner - Vishnu S/o Pappu 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. 7. The observations 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 MAHIMA/42