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2025 DAILYLAW 35585 (RAJ)

RAJENDRA @ SUBHASH @ KANCHYA @ CHANDPOLE @ MANOHARIYA S/O SH. RAMKARAN @ RAMKUMAR BAWRIYA v. STATE OF RAJASTHAN

CRLMB/16428/2024 · 2025-01-07

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:1008] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16428/2024 Rajendra @ Subhash @ Kanchya @ Chandpole @ Manohariya S/o Sh. Ramkaran @ Ramkumar Bawriya, Aged About 23 Years, R/o Salala Ki Dhani, Ganeshwar, Police Station Sadar, Neemkathana, District Sikar. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vikas Karwasara For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/01/2025 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.20/2023 registered at Police Station Chomu, District Jaipur (West) (Raj.) for the offence punishable under Section 379 of IPC. Later on, police filed charge-sheet in this matter for the offence 379 of IPC. 2. It is contended by learned counsel for the petitioners that the accused-petitioner has falsely been implicated in this case. Counsel submits that alleged offence is triable by the Magistrate and maximum punishment for the alleged offence is three years. Petitioner is in custody since 23.02.2023 and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. [2025:RJ-JP:1008] (2 of 3) [CRLMB-16428/2024] 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that petitioner is a habitual offender and 27 other cases have been registered against the petitioner. 4. At this stage, learned counsel for the petitioner submits that in seven cases petitioner is acquitted which shows that petitioner has falsely been implicated in this case. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner; alleged offence is triable by the Magistrate; as also the fact that charge-sheet has been filed in this matter; 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. 7. This bail application is accordingly allowed and it is directed that accused-petitioner Rajendra @ Subhash @ Kanchya @ Chandpole @ Manohariya S/o Sh. Ramkaran @ Ramkumar Bawriya 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. [2025:RJ-JP:1008] (3 of 3) [CRLMB-16428/2024] 8. 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 on first week of every month in the concerned police station. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. 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 /396