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2025 DAILYLAW 4376 (RAJ)

ANKIT DHAKA S/O GOKULCHAND v. STATE OF RAJASTHAN

CRLMB/1055/2025 · 2025-01-23

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:3419] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Second Bail Application No. 1055/2025 Ankit Dhaka S/o Gokulchand, Aged About 23 Years, R/o Dhaka Ki Dhana, Police Station Nawalgarh, District Jhunjhunu. (At Present In District Jail, Sikar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjeev Kumar Mahala For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025 1. The 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.134/2024 registered at Police Station Gokulpura, District Sikar for the offences punishable under Sections 126(2), 309(6) & 3(5) of BNS. Charge-sheet has been filed for offences punishable under Sections 126(2), 309(6), 3(5) & 61(2)(a) of BNS. 2. First bail application of the petitioner was dismissed with liberty to renew the prayer of bail after filing of result of investigation. Now, charge-sheet has been filed, thus, 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. Counsel submits that alleged offences are triable by Magistrate. It [2025:RJ-JP:3419] (2 of 2) [CRLMB-1055/2025] is submitted that petitioner has no criminal antecedents and he is in custody since 29.10.2024. Charge-sheet has been filed and trial will take time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. 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 considering the fact that alleged offences are triable by Magistrate; petitioner has no criminal antecedents; he is in custody since 29.10.2024; charge-sheet has been filed and trial will take in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner Ankit Dhaka S/o Gokulchand, 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. (ANIL KUMAR UPMAN),J CHARU SONI /45