SAGARMAL S/O SHIMBUDAYAL v. THE STATE OF RAJASTHAN
CRLMB/12166/2025 · 2025-09-23
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38610 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38610 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:39046] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12165/2025 Roshan Gadhwal S/o Ramwatar Gadhwal, Aged About 23 Years, R/o Gadhwalo Ki Dhani, Surana, Police Station Maoharpur, District Jaipur. (Presently Confined In Central Jaipur) ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 12166/2025 Sagarmal S/o Shimbudayal, Aged About 27 Years, R/o Baad Ki Dhani, Ratanpura, Police Station Raisar, District Jaipur. (Presently Confined In Central Jaipur). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anish Bhadala For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Assistant GA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 23/09/2025
1. These bail applications under Section 483 of BNSS have been filed on behalf of the petitioners, who have been arrested in connection with FIR No.95/2025 registered at Police Station Manoharpur, District Jaipur Rural (Raj.) for the offence punishable under Sections 140(2), 308(2), 308(4), 308(5) & 351(2) of BNS. After completion of investigation, police filed charge-sheet in this matter.
[2025:RJ-JP:39046] (2 of 3) [CRLMB-12165/2025]
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submits that other co-accused persons namely Mahendra Kumar and Tarachand @ Tara have already been granted benefit of bail by this court. Petitioners are in custody since their date of arrest & trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioners. He submits that petitioners are habitual offenders as several other cases have been registered against them.
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 learned counsel for the petitioners as also the fact that aforementioned co- accused persons have been granted bail by this court and trial will take 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 applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners – 1) Roshan Gadhwal S/o Ramwatar Gadhwal & 2) Sagarmal S/o Shimbudayal shall be released on bail provided each of them 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
[2025:RJ-JP:39046] (3 of 3) [CRLMB-12165/2025] with the stipulation that they 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.
7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station.
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioner fail to mark their 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 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.
10. Office is directed to send copy of this order to the concerned SHO for necessary compliance.
11. The observation made hereinabove 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 /47-48