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2025 DAILYLAW 40097 (RAJ)

PRAKASH MAHAWAR S/O SHANKARLAL v. STATE OF RAJASTHAN

CRLMB/12734/2025 · 2025-10-14

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:41829] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12734/2025 Prakash Mahawar S/o Shankarlal, Aged About 31 Years, R/o Near Baba Ramdev Mandir, Kolipada, Police Station Kaithoonipol, Kota, Presently Tenant At Lavlesh Shrivastava Ji Ka Makan, Near Raghunath Ji Mandir, Ganwdi, Nayapura, Kota City (Raj.). (At Present Confined In Central Jail Kota) ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jagdish Nagar For Respondent(s) : Mr. Vivek Choudhary, PP HON’BLE MR. JUSTICE ANAND SHARMA Order 14/10/2025 1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.221/2024 registered at Police Station R.K. Puram, District Kota City for the offences punishable under Section 341, 342, 327, 365 & 34 of IPC. 2. It is submitted by learned counsel for the petitioner that after conducting the investigation, the Investigating Officer has already filed charge-sheet and there is no further requirement of the petitioner for custodial interrogation. Learned counsel further submits that petitioner has falsely been implicated in the FIR, whereas he has not committed any offence. Other co-accused namely; Arman Hussain, Ajay Sahani, Deepu Mahawar, Sunil Panchal & Vijay Saxena have already been granted the benefit of [2025:RJ-JP:41829] (2 of 3) [CRLMB-12734/2025] bail by the Co-ordinate Bench of this Court vide order dated 31.07.2025 passed in S.B. Criminal Miscellaneous Bail Application Nos.7350/2025, 7622/2025 & 7623/2025. It is further submitted that the case of the petitioner is on similar footings to that of the other co-accused who have already been enlarged on bail. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. In view of the fact that co-accused have already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 31.07.2025 passed in S.B. Criminal Miscellaneous Bail Application Nos.7350/2025, 7622/2025 & 7623/2025 and charge- sheet in the instant matter has already been filed, therefore, there is no further requirement of custodial interrogation, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Prakash Mahawar S/o Shankarlal shall be released on bail in pursuance of FIR No. 221/2024 registered at Police Station R.K. Puram, District Kota City on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the [2025:RJ-JP:41829] (3 of 3) [CRLMB-12734/2025] Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. (ANAND SHARMA),J DIVYA /164