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2025 DAILYLAW 42279 (RAJ)

VINOD JAKHAR S/O SH. PURANMAL JAKHAR v. STATE OF RAJASTHAN

CRLMB/13224/2025 · 2025-10-17

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:42748] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.13224/2025 1. Vinod Jakhar S/o Sh. Puranmal Jakhar, Aged About 31 Years, R/o B-38, Jagdamba Nagar, Heerapura Power House, Ajmer Road, Jaipur Police Station Karni Vihar, Jaipur West. (At Present Accused Petitioner Confined In Central Jail Jaipur). 2. Kishor Choudhary S/o Sh. Birdaram, Aged About 23 Years, R/o Rajvera, Police Station Shiv, District Baran Presently 5/325, Malviya Nagar, Jaipur Police Station Jawahar Circle, Jaipur. (At Present Accused Petitioner Confined In Central Jail Jaipur). 3. Mahesh Kumar S/o Sh. Rooparam, Aged About 27 Years, R/o Village Bajiyawas, Police Station Dantaramgarh, District Sikar. Presently Tenant H.no. D-301, Nursery Circle Vaishali Nagar, Jaipur. (At Present Accused Petitioner Confined In Central Jail, Jaipur.). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ashvin Garg Mr. Bharat Yadav Mr. Nonit Hatila Mr. Kuldeep Singh Punia For Respondent(s) : Mr. Amit Punia, Addl. GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 17/10/2025 1. This bail application under Section 483 B.N.S.S. has been filed by the petitioners in connection with the FIR No.0312/2025 registered at Police Station Gandhi Nagar (Jaipur City East), District Jaipur City (East) wherein they have been charged for the [2025:RJ-JP:42748] (2 of 3) [CRLMB-13224/2025] offences punishable under Sections 191(2), 190, 121(1), 132, 302 IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984. 2. Learned counsel for the petitioners submits that the alleged offence is triable by Magistrate. Learned counsel submits that the allegation against the petitioners is of tearing the posters affixed in the University campus. Learned counsel submits that initially the petitioners were arrested under Section 170 BNSS for the above occurrence, subsequently, the instant FIR has been registered wherein the petitioners have been arrested. Learned counsel submits that petitioners have been in custody since the date of their arrest and trial will take its own time to conclude, therefore, indulgence of bail be granted to the petitioners. 3. Per contra, learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners and submits that a total number of six cases are already pending against the accused-Vinod Jakhar and two cases against Kishor Choudhary and Mahesh Kumar are also pending. Learned counsel submits that looking to their criminal antecedent, they do not deserve any indulgence of bail. 4. In rebuttal, learned counsel for the petitioners submits that as on date, out of the six, only two cases are pending; in one case involvement of the petitioners were not found and one of the cases is not related to the petitioners and in other two cases the petitioners have been acquitted. 5. Heard and considered the submissions made at the Bar and perused the material available on record. [2025:RJ-JP:42748] (3 of 3) [CRLMB-13224/2025] 6. Considering the arguments put forward by learned counsel for the petitioners and looking to the fact that alleged offences are triable by Magistrate and also looking to the fact that the petitioners have been in custody since the date of their arrest and 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 B.N.S.S. is allowed and it is ordered that the accused-petitioners-Vinod Jakhar S/o Sh. Pooranmal Jakhar, Kishor Choudhary S/o Sh. Birdaram & Mahesh Kumar S/o Sh. Rooparam arrested in connection with aforementioned FIR, may be released on bail; provided each of them furnish 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 the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. (ANOOP KUMAR DHAND),J Karan/241