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2025 DAILYLAW 37927 (RAJ)

BHANU PRATAP NARUKA S/O VIJENDRA NARUKA v. STATE OF RAJASTHAN

CRLMB/10912/2025 · 2025-10-16

Farjand Ali

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 10912/2025 Bhanu Pratap Naruka S/o Vijendra Naruka, Aged About 40 Years, R/o Plot No. 47, Shivpuri Raakri, Sodala, Jaipur (Presently Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Amit Singh For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP Mr. JP Tiwari, PP HON'BLE MR. JUSTICE FARJAND ALI (THROUGH VIDEO CONFERENCING) Order 16/10/2025 1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below: S.No. Particulars of the Case 1. FIR Number 854/2021 2. Concerned Police Station Mansarovar 3. District Jaipur (South) 4. Offences alleged in the FIR Under Sections 420, 406, 467, 468, 471 and 120-B of IPC 5. Offences added, if any Section 447 of IPC 6. Date of passing of impugned order 05.08.2025 (2 of 3) [CRLMB-10912/2025] 2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. 3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail. 4. I have considered the submissions made by both the parties and have perused the material available on record. Since the accused persons whose case is identical to the case of the petitioner have been released on bail and there are no distinguishable feature for which he could be incarcerated more. The enunciation of bail jurisprudence made by this Court in the case of Dharmendra vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.11530/2023) vide order dated 07.10.2023, particularly, the cases exclusively triable by Court of Magistrate and the same principle applies here in this case also. Thus, on the ground of parity and to maintain judicial consistency as well as considering that there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. 5. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner (3 of 3) [CRLMB-10912/2025] as named in the cause title 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 as and when called upon to do so. (FARJAND ALI),J 15 divya/