HANUMAN RAM S/O BIRMARAM v. THE STATE OF RAJASTHAN
CRLMB/14157/2025 · 2025-10-31
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44112 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44112 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:43703] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 14157/2025 Hanuman Ram S/o Birmaram, Aged About 30 Years, R/o Kakrla, Police Station Bakhsar, Barmer (Raj.). (At Present Confined In District Jail Sikar). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajendra Prasad Gautam For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 31/10/2025
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.149/2025 registered at Police Station Gokulpura, District Sikar, Rajasthan for offences punishable under Sections 14/54, 19/54 & 54A of Rajasthan Excise Act, 1950. After completion of investigation police filed charge-sheet in this matter.
2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this court vide order dated 26.09.2025 while giving liberty to renew the prayer for bail after submission of result of investigation. Now, 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 alleged
[2025:RJ-JP:43703] (2 of 3) [CRLMB-14157/2025] offences are triable by Magistrate. It is contended that trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 28.08.2025 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 habitual offender as five other cases have been registered against him including two cases of similar nature.
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 parties, especially considering the fact that alleged offences are triable by Magistrate; 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 the second bail application.
7. This second bail application is accordingly allowed and it is
directed that accused-petitioner Hanuman Ram S/o Birmaram shall be released on bail provided he furnishes a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakh only) together with two sureties in the sum of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only), out of which one must be given by his family member or close relative, 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.
[2025:RJ-JP:43703] (3 of 3) [CRLMB-14157/2025]
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 first week of every month in the concerned police station, till conclusion of the trial. It is further directed that petitioner shall share his mobile number (in use) to the trial court and investigating agency. He shall keep his mobile phone in active mode and may not switch off for a longer period intentionally.
9. Concerned SHO shall enter the attendance 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 them 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 /15