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2025 DAILYLAW 37588 (RAJ)

KISHAN @ CHAR BAAL AALA @ FUTYA @ RAMKISHAN @ KRISHAN BAWARIYA v. STATE OF RAJASTHAN

CRLMB/13085/2025 · 2025-11-17

Chandra Prakash Shrimali

body2025

Judgment text

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[2025:RJ-JP:46153] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13085/2025 Kishan @ Char Baal Aala @ Futya @ Ramkishan @ Krishan Bawariya, S/o Badri Lal Bawariya @ Bajaranglal @ Bajranga, R/o Pratap Nagar Jaipur And Gurjaro Ki Saroyi Narena, P.S. Narena, Jaipur Rural, Haal Kirayedar Makan Chotu Bairwa Kokas, Jaipur, P.S. Sadar Sanganer, Permanent Resident Of Baksawala, J.d.a. Colony, Sanganer, Jaipur, Raj. At Present Confined In Central Jail Jaipur. ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Sharma, Adv. For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 17/11/2025 1. This bail application has been filed by the petitioner under Section 483 of B.N.S.S. in connection with FIR No.55/2025 registered at Police Station Gokulpura, District Sikar for the offence(s) under Section(s) 303(2) of B.N.S. 2. Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. Learned counsel further submits that charge-sheet has been filed and no further recovery is pending in this case. He also submits that the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail. [2025:RJ-JP:46153] (2 of 3) [CRLMB-13085/2025] 3. Learned Public Prosecutor appearing for the State has vehemently opposed the bail application. 4. Taking into consideration the overall facts and circumstances of the case, perused the material available on record and the fact that the accused-petitioner was involved in the theft of 160 liters of diesel, and it has further come on record that he has 11 other previous criminal cases registered against him, all of which relate to offences of theft; the accused-petitioner has been in judicial custody since long but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail. 5. Therefore, this bail application is allowed and accused- petitioner Kishan @ Char Baal Aala @ Futya @ Ramkishan @ Krishan Bawariya, S/o Badri Lal Bawariya @ Bajaranglal @ Bajranga is ordered to be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so. 6. Considering the criminal antecedent(s) of the accused- petitioner, it is directed that if he is found to be involved in offence of similar nature in future, then the prosecution shall be at liberty to file an application for cancellation of the bail granted to the accused-petitioner by this Court. The accused is also directed to mark his presence on 1st of every month till conclusion of trial before the concerned Police Station. [2025:RJ-JP:46153] (3 of 3) [CRLMB-13085/2025] 7. A copy of this order shall be sent to the concerned SHO for its compliance. (CHANDRA PRAKASH SHRIMALI),J GAURAV SHARMA /122