NANDLAL @ NANDA S/O SHRI SHYODAN GURJAR v. STATE OF RAJASTHAN
CRLMB/15837/2024 · 2025-01-10
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34810 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34810 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:1582] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15837/2024 Nandlal @ Nanda S/o Shri Shyodan Gurjar, Aged About 37 Years, R/o Village Hasiyawas, Police Station Gegal, District Ajmer. (At Present Confined In Central Jail Jaipur, District Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Anushree Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 10/01/2025
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.162/2023 registered at Police Station Chomu, District Jaipur (West) (Raj.) for the offence punishable under Section 379 of IPC.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that the FIR was lodged against the unknown person and without any evidence petitioner has been implicated in this case. He submits that the alleged offence is triable by Magistrate & maximum punishment for the alleged offence is three years. Petitioner is in custody since 12.03.2024. Further custody of the petitioner would not serve any fruitful purpose.
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3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioner. She submits that petitioner is a habitual offender as 41 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 both the parties, especially the fact that alleged offence is triable by Magistrate & maximum sentence of the alleged offence is three years; 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. The observations 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.
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Nandlal @ Nanda S/o Shri Shyodan Gurjar, 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. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence every week in the concerned police station.
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8. If any breach 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 him by this Court.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /241