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2025 DAILYLAW 35330 (RAJ)

SUMIT S/O LATE SUNDARLAL v. STATE OF RAJASTHAN

CRLMB/16263/2024 · 2025-01-09

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:1269] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16263/2024 1. Sumit S/o Late Sundarlal, Aged About 21 Years, R/o Haat Chouk Atru Thana Atru District Baran Rajasthan. (At Present Confined At District Jail Baran). 2. Ajay S/o Late Satyanarayan, Aged About 25 Years, R/o Haat Chouk Atru Thana Atru District Baran Rajasthan. (At Present Confined At District Jail Baran). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan Ms. Simran Bharti For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/01/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.21/2024 registered at Police Station Atru, District Baran (Raj.) for the offences punishable under Sections 457 & 380 of IPC. Investigation is being conducted for the offences punishable under Sections 457 & 380 of IPC in this matter. 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Counsel submits that alleged offences are triable by the Magistrate. Petitioners are in custody since 16.11.2024 and trial will take considerable time. [2025:RJ-JP:1269] (2 of 3) [CRLMB-16263/2024] Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. He submits that petitioners are habitual offenders and one other case has been registered against the petitioner Sumit and three cases have been registered against the petitioner Ajay. 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 petitioners, as also the fact that alleged offences are triable by the Magistrate; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioners Sumit S/o Late Sundarlal & Ajay S/o Late Satyanarayan shall be released on bail provided each of them 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 they 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-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence on first week of every month in the concerned [2025:RJ-JP:1269] (3 of 3) [CRLMB-16263/2024] police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioners fail to mark their presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. 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 them by this Court. (ANIL KUMAR UPMAN),J LALIT MOHAN /108