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2025 DAILYLAW 34722 (RAJ)

DAYARAM S/O SHRI KARTARSINGH v. STATE OF RAJASTHAN

CRLMB/15897/2024 · 2025-02-21

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:7888] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15897/2024 Dayaram S/o Shri Kartarsingh, Aged About 32 Years, R/o Dhani Tetarwalo Ki, Village Sunari Tan Norangpura, Police Station Babai, District Neem Ka Thana (Raj.) (At Present Accused Petitioner Confined Sub Jail Neem Ka Thana). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vidhut Kumar Gupta For Respondent(s) For Complainant(s) : : Ms. Arti Sharma, PP Mr. K.K. Bhinda HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/02/2025 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.487/2022 registered at Police Station Neem Ka Thana (Sikar), District Sikar (Rajasthan) for the offences punishable under Sections 420, 406 & 409 of IPC. Later on, police filed charge-sheet in this matter for the same offences. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that to show his bonafides, petitioner is ready to deposit the amount of Rs. 3,38,196/- which is allegedly embezzled by the petitioner, with the learned trial Court. However, this stand of the petitioner of depositing the aforesaid amount with the learned trial Court should not be considered as confession of the guilt of the [2025:RJ-JP:7888] (2 of 3) [CRLMB-15897/2024] petitioner. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 23.11.2024 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by 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 learned counsel for the petitioner, as also the fact that petitioner is ready to deposit the amount with the learned trial Court; absence of criminal antecedents of the petitioner; period of custody & trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. Petitioner shall deposit the Rs.3,38,196/- by way of FDR with the national bank in the learned trial Court at the time of submission of bail bonds. The disbursement/ release of the aforesaid amount would be subject to the final outcome of the trial. 7. This bail application is accordingly allowed and it is directed that accused-petitioner -Dayaram S/o Shri Kartarsingh 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 [2025:RJ-JP:7888] (3 of 3) [CRLMB-15897/2024] 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 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 LALIT MOHAN /445