BANSHILAL NADIWAL S/O SHRI CHEJU LAL v. STATE OF RAJASTHAN
CRLMB/1330/2025 · 2025-03-04
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4732 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4732 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:9591] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1330/2025 Banshilal Nadiwal S/o Shri Cheju Lal, R/o Near Gopalpura Panchayat, Distt. Khargon, (Madhya Pradesh) (At Present Confined In Central Jail, Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pradeep Singh, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 04/03/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.101/2020 registered at Police Station Gumanpura, District Kota City for the offences punishable under Sections 420, 406 and 120-B of IPC. Later on, Police filed charge- sheet in this matter.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that main accused of this case is Nitesh Sahu and he has been granted benefit of bail by a co-ordinate Bench of this Court. He further submits that neither petitioner is named in the FIR nor any allegation has been levelled against him. He argues that alleged offences are triable by Magistrate and maximum sentence for the alleged offence is seven years. He
[2025:RJ-JP:9591] (2 of 3) [CRLMB-1330/2025] further argues that charge-sheet has already been filed and trial of the case will take considerable time in its conclusion. He contends that the petitioner, who is an old aged person of 74 years, is in custody since 09.01.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that four other criminal cases of similar nature have been registered against him. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner as also looking to the material available on record in the shape of charge-sheet and especially the fact that petitioner is not named in the FIR; co-accused namely- Nitesh Sahu has already been granted benefit of bail by this Court; alleged offences are triable by Magistrate and trial will take 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 proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Banshilal Nadiwal S/o Shri Cheju Lal 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
[2025:RJ-JP:9591] (3 of 3) [CRLMB-1330/2025] Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7.
7. 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 trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. 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. 9. 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 him by this Court. (ANIL KUMAR UPMAN),J MADAN/115