ASHWANI YOGI @ ASHWANI KASANA @ GAJNI S/O PRADEEP YOGI v. STATE OF RAJASTHAN
CRLMB/798/2025 · 2025-03-06
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3848 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3848 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:10094] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 798/2025 Ashwani Yogi @ Ashwani Kasana @ Gajni S/o Pradeep Yogi, Aged About 26 Years, R/o Peepli, Police Station Mundawar, District Khairthal Tijara. (At Present Confined In Sub Jail Behror). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Yogesh Chawla Ms. Neha Gurjar for Mr. Sumer Singh Ola For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 06/03/2025
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.200/2024 registered at Police Station Harsora, District Kotwali-Behror (Raj.) for the offences punishable under Sections 3/25 & 5/25 of Arms Act. Investigation is being conducted in this matter for the offence punishable under Section 5/25 of Arms Act.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that no arm has been recovered from the possession of the petitioner and he has been made accused in this case solely on the basis of interrogation of the co-accused person who was found in possession of the arm as it was stated by him
[2025:RJ-JP:10094] (2 of 3) [CRLMB-798/2025] that he procured the alleged arm from the petitioner. Charge- sheet has been filed and trial of the case will take considerable time in its conclusion. Petitioner is in custody since 23.12.2024 and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioner and submits that petitioner is a habitual offender as two other cases have been registered against him out of which one case is registered under Section 302 of IPC.
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 both the parties, so also considering the fact that petitioner has been made accused in this case on the basis of information furnished by the co-accused; trial will take considerable time in its conclusion as well as 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.
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Ashwani Yogi @ Ashwani Kasana @ Gajni S/o Pradeep Yogi, 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
[2025:RJ-JP:10094] (3 of 3) [CRLMB-798/2025] called upon to do so.
7. 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 in first week of every month in the concerned police station, till trial is concluded.
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
9. If breach of any 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 him by this Court.
10. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /126