HARSAN RAM @ HARISH @ HARCHAND S/O AAIDAN RAM v. STATE OF RAJASTHAN
CRLMB/1333/2025 · 2025-01-29
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4840 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4840 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:4149] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 1333/2025 Harsan Ram @ Harish @ Harchand S/o Aaidan Ram, Aged About 30 Years, R/o Village Jodhawas, P.s Jhab, Distt. Sanchore, (Raj.) (Presently Confined In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mahendra Shandilya For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 29/01/2025
1. Instant bail application is preferred by petitioner accused Harsan Ram @ Harish @ Harchand in a matter arising out of FIR no.2/2024 registered at P.S SOG, Jaipur wherein after investigation criminal case no. 461/2024 was registered and presently pending before ACJM No.1, Jaipur Metropolitan-II.
2.
Learned counsel for petitioner while referring order dated 10.01.2025 in second bail application no. 227/2025 submitted that in a similarly placed circumstances in the instant case, accused Daluram Meena was extended benefit of bail. He further submits that the maximum punishment under the Rajasthan Public Examination (Prevention of Unfair Means), Act, 1992 at the time of incident was three years and petitioner is in custody since
03.02.2024. He further referred the snail pace trial and submitted that after submission of charge-sheet only two witnesses were
[2025:RJ-JP:4149] (2 of 3) [CRLMB-1333/2025] examined and still there were 50 to 60 witnesses in the list of witnesses filed by prosecution. He further submitted that another case registered against present petitioner is also pending for trial wherein the petitioner is on bail. At last, he submitted that the petitioner is ready and willing to abide any condition imposed by Hon’ble Court. 3. Aforesaid contentions were opposed by learned Public Prosecutor. 4. Heard learned counsel for petitioner and learned Public Prosecutor. Perused the material placed on record. 5. The first SOS application of petitioner was dismissed on 05.09.2024 wherein a ground was raised that the petitioner is suffering from TB and he is sole bread earner of his family. Further, another ground was advanced that some of the family members of present petitioner have already expired due to TB and this Court while dismissing the bail application has held that there is no medical ground to release the petitioner on bail. 6. After completion of almost one year in custody co-accused Daluram Meena was released on bail by this Court on 10.01.2025 in second bail application no. 227/2025. Present petitioner is facing trial with Daluram Meena. 7. The charge on present petitioner is impersonation and appearing in examination on behalf of Daluram Meena. The offences for which this petitioner is charged is triable by Magistrate and till now as per statement of learned counsel, only two witnesses were examined during last one year after registration of case. [2025:RJ-JP:4149] (3 of 3) [CRLMB-1333/2025]
8. Having considered the parity of the matter and also the fact that one of the accused was released on bail, it is appropriate to released present petitioner on bail. 9.
Thus, the instant bail application filed on behalf of applicant- accused Harsan Ram @ Harish @ Harchand is hereby allowed and the applicant-accused Harsan Ram @ Harish @ Harchand is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of ₹25,000/- to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with
evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be cancelled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /43