GANSHYAM@BHALLU S/O SARWANLAL v. STATE OF RAJASTHAN
CRLMB/12960/2025 · 2025-10-09
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42528 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42528 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:40983] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 12960/2025 Ganshyam@Bhallu S/o Sarwanlal, Aged About 23 Years, R/o Gandhi Basti, Regar Mohalla, Sambhar Lake, Police Station Sambhar Lake, Distt. Jaipur. (At Present Accused Petitioner Con- fined In Sambhar Jail, Distt. Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rahul Patni with Mr. B.R. Mathur For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 09/10/2025
1. This second bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.14/2025 registered at Police Station Sambhar, District Jaipur Rural (Rajasthan) for the offences punishable under Sections 331(4) & 305(a) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023.
2. Vide order dated 03.09.2025, first bail application (No.11194/2025) filed on behalf of the petitioner was dismissed as withdrawn while giving liberty to renew the prayer for bail before the learned trial Court after submission of result of investigation. After filing of charge-sheet, petitioner preferred bail application before the learned trial Court which was dismissed. Now, this second bail application has been preferred.
3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
[2025:RJ-JP:40983] (2 of 3) [CRLMB-12960/2025] Counsel submits that alleged offences are triable by Magistrate. Counsel submits that bail application preferred by the petitioner before the learned trial Court was rejected on the basis of the fact that several other cases have been registered against him in the same police station. Counsel submits that charge-sheet has been filed in this matter and trial of the case will take considerable time in its conclusion. Petitioner is in custody since 28.07.2025 and further custody of the petitioner would not serve any fruitful purpose.
4. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that petitioner is habitual offender as ten other cases have been registered against him.
5. I have considered the contentions.
6. 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 the fact that alleged offences are triable by Magistrate; charge-sheet has been filed 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 proper to allow this second bail application.
7. This second bail application is accordingly allowed and it is
directed that accused-petitioner -Ganshyam@Bhallu S/o Sarwanlal 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/-
[2025:RJ-JP:40983] (3 of 3) [CRLMB-12960/2025] (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.
8. 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 second and fourth week of every month in the concerned police station.
9. Concerned SHO shall record the presence of the petitioner in the Roznamcha. 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.
10. 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.
11. Office is directed to send a copy of this order to the concerned SHO for necessary compliance.
12. 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 /35