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2025 DAILYLAW 42383 (RAJ)

BALVEER SINGH S/O CHAND RAM v. STATE OF RAJASTHAN

CRLMB/12437/2025 · 2025-09-26

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:39767] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 12437/2025 Balveer Singh S/o Chand Ram, Aged About 52 Years, R/o Village Jerthi, P.s. Dadiya, District Sikar, At Present R/o Between Both The Lines Himmat Nagar, Police Station Udhyog Nagar, District Sikar (Raj.) (At Present In District Jail Sikar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Umesh Vyas For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 26/09/2025 1. This second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.125/2025 registered at Kotwali Sikar, District Sikar (Rajasthan) for offences punishable under Sections 318(2), 316(2) & 61(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge- sheet against the petitioner for offences punishable under Sections 316(2), 61(2), 318(4), 319(2), 338, 336(3), 340(2), 111(2)(b), 111(3) & 111(4) of BNS, 2023. 2. The first bail application preferred on behalf of the petitioner was dismissed by this court vide order dated 01.08.2025 after considering the fact that investigation is still going on. Now, [2025:RJ-JP:39767] (2 of 3) [CRLMB-12437/2025] charge-sheet has been filed in this matter thus, this second bail application has been preferred. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that there is no allegation against the petitioner of receiving any amount from the complainant. It is submitted that trial will take considerable time in its conclusion. Counsel contends that petitioner is in custody since 16.06.2025 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the prayer for bail made by learned counsel for the petitioner and submits that petitioner is a habitual offender as eight other cases have been registered against him. However, he fairly concedes that none of the case is of similar nature. 5. At this stage, learned counsel for the petitioner submits that petitioner has been acquitted in two cases. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially considering the material available on record in the form of charge-sheet and trial will take considerable 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 fit and proper to allow this second bail application. 8. This second bail application is accordingly allowed and it is directed that accused-petitioner Balveer Singh S/o Chand Ram [2025:RJ-JP:39767] (3 of 3) [CRLMB-12437/2025] 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. 9. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station. 10. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 11. If any breach 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 him by this Court. 12. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 13. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /87