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2025 DAILYLAW 38774 (RAJ)

DHARMENDRA @ GATTA S/O JAWAR SINGH v. STATE OF RAJASTHAN

CRLMB/12781/2025 · 2025-10-16

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12781/2025 Dharmendra @ Gatta S/o Jawar Singh, Aged About 40 Years, R/o Rithora Khurd, Police Station Sarai Chhola, District Murena (Mad- hya Pradesh) (At Present Accused Petitioner Confined In District Jail Dholpur). ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr.Amitabh Jatav For Respondent(s) : Mr.Amit Punia, Addl.GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 16/10/2025 1. This bail application under Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) has been filed by the petitioner in connection with FIR No.229/2024 registered at Police Station Baadi Sadar, District Dholpur, wherein he is charged for the offence punishable under Section 305(a) of Bhartiya Nyaya Sanhita, 2023 (for short, “BNS”). 2. Learned counsel for the petitioner submits that the alleged offence is triable by Magistrate and the petitioner has been in custody since 25.08.2025. Counsel submits that the co-accused person, namely, Monu s/o Nawabsingh has already been granted indulgence of bail by the Co-ordinate Bench of this Court while deciding S.B. Criminal Misc. Bail Application No.14616/2024 vide order dated 03.12.2024 and since trial will take its own time to conclude, therefore indulgence of bail be granted to the petitioner. (2 of 3) [CRLMB-12781/2025] 3. Per contra, learned Public Prosecutor opposed the prayer made by counsel for the petitioner and submitted that seven other criminal cases are lying pending against the petitioner hence, the petitioner is not entitled to get indulgence of bail. 4. In rebuttal, counsel appearing on behalf of the petitioner submits that out of the seven criminal cases, the petitioner has already been acquitted in two criminal cases. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact the co-accused Monu s/o Nawabsingh has already been granted indulgence of bail by the Co-ordinate Bench of this Court against whom eight criminal cases were lodged and looking to the fact that the petitioner has been in custody since 25.08.2025 and the fact that the alleged offence is triable by the Magistrate and the trial will take its own time to conclude, without expressing any opinion on the merits and demerits of the case, this Court deems it just and appropriate to grant indulgence of bail to the petitioners under Section 483 BNSS. 7. Accordingly, this bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Dharmendra @ Gatta S/o Jawar Singh arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with (3 of 3) [CRLMB-12781/2025] the stipulation to appear before that Court on all dates of hearing, and as and when called upon to do so. 8. In case, the petitioner is found involved in committing and repeating the same offence again, the Public Prosecutor/Investigating Officer would be at liberty to move an application for cancellation of bail before the Jurisdictional Court. (ANOOP KUMAR DHAND),J Aayush Sharma /221