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2025 DAILYLAW 34948 (RAJ)

PYARELAL S/O SHRI KESHARDEV v. STATE OF RAJASTHAN

CRLMB/15925/2024 · 2025-02-19

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:7299] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15925/2024 Pyarelal S/o Shri Keshardev, Aged About 62 Years, R/o Jhajhariya Ki Dhani Tan Birol, Police Station Nawalgarh, Distt. Jhunjhunu (Raj.) (At Present Confined At Distt. Jail Jhunjhunu). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Fahad Hasan For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/02/2025 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. 412/2024 registered at Police Station Nawalgarh, District Jhunjhunu for the offences punishable under Sections 324(4), 331(4), 305(a) and 62 of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023. Later on, police filed charge-sheet in this matter for the offences punishable under sections 331(4), 305(a) and 62 of BNS, 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that alleged offences are triable by Magistrate. Charge-sheet has been filed and trial will take considerable time in its conclusion. Petitioner is in custody since 23.11.2024 and [2025:RJ-JP:7299] (2 of 3) [CRLMB-15925/2024] further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor oppose the submissions made by counsel for the petitioner and submits that petitioner is a habitual offender as 10 other cases have been registered against him therefore, benefit of bail should not be granted to 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 learned counsel for the petitioner, as also considering the fact that alleged offences are triable by Magistrate; charge-sheet has been filed in this matter 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 bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner-Pyarelal S/o Shri Keshardev, 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. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. [2025:RJ-JP:7299] (3 of 3) [CRLMB-15925/2024] 8. The petitioner is further directed to mark his presence in the concerned police station in the first week of every month, till trial is concluded. 9. If breach of any 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 petitioner by this Court. 10. 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 Pcg/91