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[2025:RJ-JP:5835] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 958/2025 Balram @ Bittu S/o Girraj, Aged About 25 Years, R/o Gurjar Mohalla, Todra Falodi Kwari, Police Station Rawajna Doongar, District Sawai Madhopur. (At Present In Districtjail, Sawai Madhopur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. K.N. Sharma, Adv., with, Mr. Raghuraj Singh Rajawat, Adv. For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 10/02/2025
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.207/2024 registered at Police Station Rawajna Doongar, District Sawai Madhopur for the offences punishable under Sections 103(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023 (corresponding to sections 302, 379 and 34 of IPC). Later on, police filed charge- sheet in this matter for the offences punishable under Sections 3(5), 115(2), 126(2), 108 and 308(2) of BNS, 2023 (corresponding to sections 34, 323, 341, 306 and 384 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 initially FIR was registered for the
[2025:RJ-JP:5835] (2 of 3) [CRLMB-958/2025] offences punishable under Sections 103(1), 303(2) and 3(5) of BNS, 2023. During the course of investigation, offence punishable under Section 103(1) of BNS, 2023 has not been found proved against the petitioner. He contends that there are no criminal antecedents against the petitioner. Charge-sheet has been filed and trial of the case will take considerable time. He further contends that the petitioner is in custody since 26.11.2024 and 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.
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 as also looking to the material available on record in the form of charge-sheet; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Balram @ Bittu S/o Girraj 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
[2025:RJ-JP:5835] (3 of 3) [CRLMB-958/2025] which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. The observation made herein above 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 MADAN/S-299