MAHESH PASAWAN S/O SHRI JOGENDRA PASAWAN v. STATE OF RAJASTHAN
CRLMB/1280/2025 · 2025-02-05
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4885 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4885 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:5017] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1280/2025
1. Mahesh Pasawan S/o Shri Jogendra Pasawan, Aged About 50 Years, R/o -Village Rasulpur Phateh, Police Station Gurol, District Vaishali (Bihar) Presently Resinding At Mali Kothi Kanota Police Station Kanota Jaipur (Raj)
2. Rajkumar Pasawan S/o Shri Mahesh Pasawan, Aged About 26 Years, R/o -Village Rasulpur Phateh, Police Station Gurol, District Vaishali (Bihar) Presently Resinding At Mali Kothi Kanota Police Station Kanota Jaipur (Raj) (Accused Presently Confined In Central Jail- Jaipur) ----Petitioners Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. P.S. Rajawat For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 05/02/2025
1. The instant bail application has been filed under Section 483 of BNSS., on behalf of the petitioners, who have been arrested in connection with FIR No.08/2025 registered at Police Station Vishwakarma, District Jaipur (West) for the offence punishable under Section 303(2) of BNS. Investigation is being conducted for the offences punishable under Sections 303(2), 111 & 317(2) of BNS.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submits that maximum allegation against the
[2025:RJ-JP:5017] (2 of 3) [CRLMB-1280/2025] petitioners is that they were found in possession of parts of stolen truck. Petitioners are in custody since their date of arrest & there are no criminal antecedents against them. Counsel argues that trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioners.
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 both the parties, as also considering the role attributed to the petitioners as mentioned in the case diary; trial will take time in its conclusion; absence of criminal antecedent 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 bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioners – 1) Mahesh Pasawan S/o Shri Jogendra Pasawan & 2) Rajkumar Pasawan S/o Shri Mahesh Pasawan shall be released on bail provided each of them 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 they 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.
7. It is made clear that the accused-petitioners shall not involve
[2025:RJ-JP:5017] (3 of 3) [CRLMB-1280/2025] in any other offence(s) during currency of the bail and they shall mark their presence once in three months in the concerned police station.
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their 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 them by this Court.
10. The observations 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 /217