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2025 DAILYLAW 44086 (RAJ)

JITENDRA SON OF SHRI HARKESH v. STATE OF RAJASTHAN

CRLMP/6306/2025 · 2025-11-17

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6306/2025 Jitendra Son Of Shri Harkesh, Aged About 40 Years, Resident Of Salempur, Tehsil And Police Station Salempur, District Dausa (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Smt. Kavita Wife Of Shri Pushpendra, Aged About 22 Years, Resident Of Salmepur, Tehsil And Police Station Salempur, District Dausa. (Raj). ----Respondents For Petitioner(s) : Mr. Rajneesh Gupta with Ms. Chanchal, Mr. Utkarsh Goyal, Mr. Ayush Goyal and Mr. Hernab Saraswat For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 17/11/2025 1. After arguing the matter for some time, learned counsel for the petitioner wants to withdraw the instant misc. petition with liberty to raise all the arguments, which have been taken before this Court in the instant petition at the stage of framing of charge. Counsel submits that the petitioner has been summoned by the Trial Court through summons and the petitioner has apprehension in his mind that he may be taken into custody as and when he appears before the Trial Court, therefore counsel has confined his prayer to the effect that the Trial Court may be directed to release the petitioner on (2 of 2) [CRLMP-6306/2025] bail as and when he puts his appearance before the Trial Court. 2. Per contra, learned Public Prosecutor opposed the prayer and submitted that cognizance has been taken against the petitioner for the offences under Sections 323, 342 and 354 IPC and he has been summoned through summons and there is no basis for such apprehension to come in the mind of the petitioner. 3. Having regard to the facts and circumstances of the case and looking to the fact that the petitioner is not pressing the instant misc. petition on merits at this stage and seeks liberty to raise all the objections at the time of framing of charges, the instant criminal misc. petition stands disposed of with the liberty aforesaid. 4. In the facts and circumstances, the Trial Court is directed to release the petitioner on bail, in case the petitioner appears before it, after recording its satisfaction and upon furnishing a personal bond and surety bonds by the petitioner looking to the fact that cognizance has been taken against him under Sections 323, 342 and 354 IPC. 5. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/50