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2025 DAILYLAW 44411 (RAJ)

PRAKASH CHAUDHARY S/O OMVEER v. STATE OF RAJASTHAN

CRLMB/13667/2025 · 2025-11-10

Chandra Prakash Shrimali

body2025

Judgment text

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[2025:RJ-JP:45040] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13667/2025 Prakash Chaudhary S/o Omveer, Aged About 27 Years, R/o Village D-422, M.D Colony Purana Pul Muradabad Police Station Kotwali Muradabad, Police Station Kotwali Muradabad District Muradabad Uttar Pradesh. At Present Tenant House No. 183, 08 Sector -18 Pratap Nagar Jaipur (At Present confined at Central Jail Jaipur). ----Accused-Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. R.B. Sharma Ganthola For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP HON’BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 10/11/2025 1. This bail application has been filed by the petitioner under Section 483 of B.N.S.S. in connection with FIR No.234/2025 registered at Police Station Pratap Nagar, District Jaipur City (East) for the offence(s) under Section 303(2) of BNS. 2. Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. He further submits that the offence is triable by the Court of Magistrate. He also submits that no recovery has been made from the petitioner and the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail. [2025:RJ-JP:45040] (2 of 2) [CRLMB-13667/2025] 3. Learned Public Prosecutor appearing for the State has vehemently opposed the bail application. 4. Taking into consideration the nature of allegation levelled against the accused-petitioner regarding theft of motor-cycle of the complainant and the offence is triable by the Court of Magistrate but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail. 5. Therefore, this bail application is allowed and accused-petitioner Prakash Chaudhary S/o Omveer is ordered to be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so. 6. Considering the criminal antecedent(s) of the accused- petitioner, it is directed that if he is found to be involved in offence of similar nature in future, then the prosecution shall be at liberty to file an application for cancellation of the bail granted to the accused-petitioner by this Court. The accused is also directed to mark his presence on 1st & 15th of every month till conclusion of trial before the concerned Police Station. 7. A copy of this order shall be sent to the concerned SHO for its compliance. (CHANDRA PRAKASH SHRIMALI),J GARIMA /164