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2025 DAILYLAW 41172 (RAJ)

RAKESH S/O BUDHRAM v. STATE OF RAJASTHAN

CRLMB/10629/2025 · 2025-09-04

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:35610] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10629/2025 Rakesh S/o Budhram, R/o Pahadi, Police Station Balghat, District Karauli. (Confined At Sub Jail Hindaun City). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajendra Prasad Gautam for Mr. Anil Kumar Shukla For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/09/2025 1. Aggrieved from dismissal of bail order dated 06.08.2025 in Sessions Case No.116/2016 arising out of FIR No.26/2015 dated 01.03.2015 registered at P.S. Balghat District Karauli whereby the petitioner-accused Rakesh S/o Budhram has charged under Sections 341, 323, 307 and 120B of IPC, the instant bail application is preferred under Section 483 of BNSS. 2. Learned counsel for the petitioner submits that the petitioner accused was released on bail by a Co-ordinate Bench of this Court on 07.09.2015 and thereafter due to his absence on 01.02.2017, the bail and bonds submitted by the petitioner- accused were forfeited and a warrant of arrest has been issued against him. He submitted that on 28.07.2025, the petitioner accused was arrested and produced before the [2025:RJ-JP:35610] (2 of 3) [CRLMB-10629/2025] trial Court. He also submitted that a charge has already been framed by the trial Court on 20.08.2025 and he undertakes to remain present as and when directed the trial Court. 3. Aforesaid contentions were opposed by learned Public Prosecutor. 4. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 5. In a matter arising out of FIR No.26/2015 dated 01.03.2015 registered at P.S. Balghat District Karauli, the present petitioner was granted bail by a Co-ordinate Bench on 07.09.2015 and thereafter, when Sessions Case No.116/2016 was fixed for framing of charge on 01.02.2017 then the petitioner accused remained absent and the trial Court has issued a warrant of arrest and ultimately the petitioner accused was arrested on 28.07.2025 and at present, he is in custody and the trial Court has already framed the charge framed against him on 20.08.2025. Considering the entire facts and circumstances, it is appropriate to grant one more opportunity to the present petitioner accused. 6. Upon hearing the arguments and perusing the record, we have found that the petitioner-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, [2025:RJ-JP:35610] (3 of 3) [CRLMB-10629/2025] the Court deems it appropriate to grant bail to the petitioner-accused. 7. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused Rakesh S/o Budhram is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The petitioner-accused shall not tamper with evidence or influence the witness in any manner. (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioner-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the petitioner-accused shall be liable to be cancelled. 8. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/157