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2025 DAILYLAW 3862 (RAJ)

GULAB S/O NIMBA v. STATE OF RAJASTHAN

CRLMB/826/2025 · 2025-01-20

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:2732] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail Application No. 826/2025 Gulab S/o Nimba, Aged About 55 Years, R/o Masjid Wala Baadiya, Village Rajosi, Nasirabad, Sadar, District Ajmer Currently Resident of Somalpur Islam Nagar, Police Station Ramganj, District Ajmer. (At Present Confined At Central Jail Ajmer). ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Kumar Meena with Mr. Ajay Sharma For Respondent(s) : Ms. Aarti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/01/2025 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.824/2023 registered at Police Station Beawar City, District Beawar for the offences punishable under Sections 420 & 406 of IPC. 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 essentially there was a civil dispute between the parties, which has now been resolved amicably between the parties. He submits that the alleged offences are triable by the Magistrate. Counsel contends that though there are seven other criminal antecedents registered against him but none of the case is registered for offences under Sections 420 & 406 of IPC. Petitioner is in custody since 28.09.2024. Charge-sheet has [2025:RJ-JP:2732] (2 of 2) [CRLMB-826/2025] been filed and trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes submissions made by learned counsel for the petitioner. He submits that petitioner is the main accused of this case and previously seven other cases for theft have been registered against him. 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, especially the fact that the alleged offences are triable by the Magistrate; dispute has been dissolved by the parties amicably and 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. The observations 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. 6. This second bail application is accordingly allowed and it is directed that accused-petitioner - Gulab S/o Nimba, 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 called upon to do so. (ANIL KUMAR UPMAN),J DIVYA SAINI /67