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[2025:RJ-JP:702] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16438/2024 Omprakash S/o Gyarsilal, R/o 18 Bhita Moholla Vijaynagar Ranipura, P.s. Nagarfort, District Tonk, Presently R/o House No. 98-E Block Gulmohar Garden Vatika, Jaipur (Rajasthan) (At Present Confined In Central Jail Kota Raj.). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Govind Lal Choudhary For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 06/01/2025
1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of the accused-petitioner. The accused- petitioner has been arrested in connection with FIR No.449/2023 registered at Police Station Gumanpura, District Kota City for offence(s) under Sections 420, 406, 467, 468, 471 and 120B of IPC.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that in similar cases, the accused-petitioner has been enlarged on bail by this Court and the co-ordinate Bench of this Court. It is also contended that the charge-sheet has already been produced before the concerned Court. The accused-petitioner is in custody since 30.09.2024 and trial/investigation of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.
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3. Learned Public Prosecutor vehemently opposes the bail application.
4. Heard and perused the material available on record.
5. Considering the arguments advanced by the counsel for the parties and looking to the fact that the matter is exclusively triable by Magistrate and the accused-petitioner is in custody since long, trial/investigation of the case may take considerable time, thus, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.
6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner- Omprakash S/o Gyarsilal in connection FIR No.449/2023 registered at Police Station Gumanpura, District Kota City, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.
7. The accused-petitioner is also directed to mark his 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-petitioner to the trial Court, every month. In case of any breach of the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court.
(PRAVEER BHATNAGAR),J DEEPA RANI-415