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2025 DAILYLAW 46671 (RAJ)

AVINASH @ GAMMU S/O RAMCHANDRA v. STATE OF RAJASTHAN

CRLMB/14382/2025 · 2025-11-06

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:44534] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14382/2025 Avinash @ Gammu S/o Ramchandra, Aged About 35 Years, R/o Village Pawalia, P.s Mor, District Tonk. Presently Residing At House No. 232 D, Narayan Vihar, Near Kesar School, Jagannathpura, P.s. Muhana, District, Jaipur (South) (Presently Confined At Central Jail, Jaipur). ----Applicant Versus State Of Rajasthan, Through Pp ----Respondent For Applicant(s) : Ms. Apeksha Tiwari Mr. Manav Sharma Mr. Rhythm Shrimali For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP HON’BLE MR. JUSTICE SAMEER JAIN Judgment 06/11/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 754/2025 registered at Police Station Muhana District Jaipur City (South) for the offence(s) under Sections 316(2) & 318(4) of BNS, 2023. 2. Learned counsel for the accused-applicant has submitted that the matter at hand is primarily civil in nature and there are no criminal antecedents against the applicant. It is submitted that the FIR is lodged with an inordinate delay, with vague content and having no specific allegations against the applicant and the applicant is in custody ever since 13.10.2025. It is further [2025:RJ-JP:44534] (2 of 2) [CRLMB-14382/2025] submitted that the applicant will join the investigation as and when required. 3. Per contra, learned Public Prosecutor has opposed the instant bail application and affirmed that there are no criminal antecedents against the applicant. 4. Having heard the arguments advanced by the counsel for the parties, upon a perusal of the material on the record and taking note of the fact that there are no criminal antecedents against the applicant; that FIR is lodged with the an inordinate delay; that and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him/her on bail. 5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Avinash @ Gammu S/o Ramchandra shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. 6. It is further directed that the applicant have to seek permission from the concerned Police Station if he is desirous to cross boundary of the State. (SAMEER JAIN),J JKP/240