ASHOK PAHALWAN @ BHILDA S/O SHRI RAMVEER @ BHAGAT v. THE STATE OF RAJASTHAN
CRLMB/12164/2025 · 2025-09-24
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41040 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41040 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:39505] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12164/2025 Ashok Pahalwan @ Bhilda S/o Shri Ramveer @ Bhagat, Aged About 27 Years, R/o Kushalpura, Police Station Surajgarh, District Jhunjhunu (Raj.). (At Present Confined In District Jail, Jhunjhunu). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ashvin Garg with Mr. Nonit Hatila For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP Mr. Gaurav Gupta, Assistant GA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 24/09/2025
1. The instant bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.235/2024 registered at Police Station Surajgarh, District Jhunjhunu for the offence punishable under Sections 191(2), 191(3), 190, 103(1), 109(1), 331(8), 331(6) & 61(2)(a) of BNS & Section 27 of Arms Act, 1959 (Amendment 2019). During investigation, offences under Sections 103(1), 61(2)(a), 111 (2),(i),(3),(4),(5), 249 (b) BNS and Section 3/25 of the Arms Act have been found proved against the petitioner. After completion of investigation, charge sheet has also been filed. [2025:RJ-JP:39505] (2 of 4) [CRLMB-12164/2025]
2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Learned counsel submits that the petitioner is innocent and he has nothing to do with the alleged incident. He was not found present at the place of incident. Only omnibus allegation has been levelled against him. The main allegation against the petitioner is that he helped the other co-accused person in hiding themselves and gave shelter to the co-accused. Apart from that, there is no specific allegation against the petitioner. The petitioner is in custody since 29.12.2024 & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. He submits that one pistol with live cartridge has been recovered at the instance of the accused and he played active role in commission of the crime. He also argues that two other cases have been registered against the petitioner. 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 petitioner and learned Public Prosecutor and material available on record in the form of charge-sheet and the role attributed therein to the petitioner as also the fact that 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. [2025:RJ-JP:39505] (3 of 4) [CRLMB-12164/2025]
6. This bail application is accordingly allowed and it is directed that accused-petitioner – Ashok Pahalwan @ Bhilda S/o Shri Ramveer @ Bhagat 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. 7. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station in first week of every month, 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 petitioner by this Court. 10. Office is directed to send copy of this order to the concerned SHO for necessary compliance. [2025:RJ-JP:39505] (4 of 4) [CRLMB-12164/2025]
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 /76