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[2025:RJ-JP:3341] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1025/2025 Lala Kale S/o Shree Pintu, Aged About 27 Years, R/o Terkheda Paradhi Basti, Ps Yermala, District Dharashiv, Tehsil Vashi, Maharashtra (Usmanawad) At Present Judicial Custody In Sub Jail Sambhar Lake, (At Present Petitioner Is Confined In Sub Jail Sambhar Lake). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rakesh Chander for Mr. Dinesh Pareek For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 23/01/2025
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.310/2024 registered at Police Station Narena, District Jaipur Rural (Raj.) for the offence punishable under Section 303(2) of BNS (corresponding to Section 379 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 alleged offence is triable by Magistrate for which maximum punishment is three years. Petitioner is in custody since 07.12.2024 & there are no criminal antecedents against him. Counsel argues that trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.
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3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioner. She submits that certain quantity of stolen diesel has been recovered from the possession of 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 both the parties, especially the fact that alleged offence is triable by Magistrate for which maximum punishment is three years; trial of the case will take time in its conclusion; absence of criminal antecedents as well as looking to the custody period, 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 - Lala Kale S/o Shree Pintu, 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.
7. The observations made hereinabove 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 GAUTAM JAIN /233