Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 47076 (RAJ)

RAMESH CHAND ALIAS RAMESHWAR ALIAS AMTIYA S/O RAMDEV v. STATE OF RAJASTHAN

/12049/2025 · 2025-10-06

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:40321] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 12049/2025 Ramesh Chand Alias Rameshwar Alias Amtiya S/o Ramdev, Aged About 40 Years, R/o Kishanpura Police Station Shakkargarh Dis- trict Bhilwara At Present Makan No 54 Shribag Colony Police Sta- tion Pratapnagar District Bhilwara (At Present Confined In Dis- trict Jail Sawai Madhopur (Raj) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/10/2025 1. This second bail application under Section 483 BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.253/2022 registered at Police Station Raanjana Dungar, District Sawai Madhopur (Raj.) for the offences punishable under Sections 379 & 285 of IPC & Sections 15(2), 15(3), 15(4) & 16 of Petroleum and Minerals Pipelines Act, 1962. 2. The first bail application preferred on behalf of the petitioner was dismissed as withdrawn by this court vide order dated 21.08.2025 while giving liberty to renew the prayer for bail after filing of result of investigation. Now, charge-sheet has been filed in this matter for the offences punishable under Sections Sections 379, 285 & 120B of IPC & Section 3 of PDPP Act & Sections 15(2) [2025:RJ-JP:40321] (2 of 4) [CRLMB-12049/2025] (3)(4) & 16 of Petroleum and Minerals Pipelines Act 1962 & Section 3 of Motor Spirit and High Speed Diesel Regulation of Supply and Distribution and Prevention of Malpractice order 1988, and Section 3 of Rajasthan Petroleum Products (Licensing and Control Order 1990) thus, this second bail application has been preferred. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that other co- accused persons namely- Rajendra, Mukesh, Siyaram, Sitaram, Ramlal and Shaitan have already been granted benefit of bail by Co-ordinate bench of this Court. Trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 10.07.2025 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that petitioner is a habitual offender as three other cases have been registered against him. 5. At this stage, learned counsel for the petitioner submits that in all cases, petitioner has been granted benefit of bail by the learned trial court. He also submits that present FIR has been registered in the year 2022 and petitioner was not arrested by the police authorities despite his availability. Later on, he was taken in custody in the month of July 2025. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, as also the fact that aforementioned co-accused persons [2025:RJ-JP:40321] (3 of 4) [CRLMB-12049/2025] have already been granted benefit of bail by Co-ordinate bench of this Court and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application. 8. This second bail application is accordingly allowed and it is directed that accused-petitioner - Ramesh Chand Alias Rameshwar Alias Amtiya S/o Ramdev, 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. 9. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station in first week of every month, till trial is concluded. 10. 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, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 11. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the [2025:RJ-JP:40321] (4 of 4) [CRLMB-12049/2025] trial Court to cancel the bail granted to petitioner by this Court. 12. Office is directed to send copy of this order to the concerned SHO for necessary compliance. 13. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /55