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2025 DAILYLAW 35254 (RAJ)

ANIL KUMAR BAIRWA S/O SHRI MUNSHI LAL v. STATE OF RAJASTHAN

CRLMB/16180/2024 · 2025-01-08

Praveer Bhatnagar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:1117] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16056/2024 Vishnu Bharti S/o Shri Giriraj Bharti, Aged About 20 Years, R/o Village Pilai, Police Station Uniyara, District Tonk, Presently Rajeev Colony, Ward No. 24, Nainwa, Police Station Nainwa, District Bundi. (At Present Confined In Central Jail Jaipur, District Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 16180/2024 Anil Kumar Bairwa S/o Shri Munshi Lal, Aged About 22 Years, R/o Bairwa Mohalla, Village Sundar Nagar, Indragarh, P.s. Indragarh, District Bundi (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Lakhan Singh Meena Mr. Omprakash Meena Mr. Krishan Lal Meena for Mr. Mohar Pal Meena For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 08/01/2025 1. The instant bail applications have been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.701/2024, registered at Police Station Sanganer Sadar, [2025:RJ-JP:1117] (2 of 3) [CRLMB-16056/2024] District-Jaipur City (South) for the offence(s) under Sections 331(3) and 305(a) of B.N.S., 2023. 2. Learned counsel for the petitioners submits that the accused- petitioners have falsely been implicated for the offences under Sections 331(3) and 305(a) of B.N.S., 2023. It is argued that the petitioners are behind the bars since 04.10.2024 and 16.10.2024 respectively and the charge-sheet has already been produced and trial of the case may take considerable time, therefore, the bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application and contended that both the accused-petitioners are habitual offender and against them six cases of similar nature were registered, therefore bail applications of both the accused- petitioners may be dismissed. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case, considering the fact that the accused-petitioners are in custody since long and charge-sheet has already been submitted and the matters are triable by Magistrate, trial of the cases may take considerable time, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, both the bail applications under Section 483 of B.N.S.S. are allowed and it is ordered that the accused- petitioners-Vishnu Bharti S/o Shri Giriraj Bharti and Anil Kumar Bairwa S/o Shri Munshi Lal, in connection with FIR No.701/2024, registered at Police Station Sanganer Sadar, District-Jaipur City (South), shall be enlarged on bail provided both of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of [2025:RJ-JP:1117] (3 of 3) [CRLMB-16056/2024] Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. 7. The accused-petitioners are also directed to mark their presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused-petitioners to the trial Court, every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the accused-petitioners for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Sunita/174-175