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2025 DAILYLAW 4924 (RAJ)

JITENDRA NATH S/O SHRI SHANKAR NATH v. STATE OF RAJASTHAN

CRLMB/1311/2025 · 2025-03-26

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:13861] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1311/2025 Jitendra Nath S/o Shri Shankar Nath, Aged About 42 Years, R/o Ganesh Metal Ke Piche, Mangrol Road Baran, Police Station Kothwali Baran, District Baran, (Raj.) (At Present Confined In District Jail, Baran.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Avtar Singh Rathore For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 26/03/2025 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.335/2023 registered at Police Station Kotwali Baran, District Baran for the offences punishable under Sections 420, 467, 468, 471 & 120B of IPC. Later on, police filed charge-sheet for the offences punishable under Sections 420 & 406 of IPC. 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 alleged offences are triable by Magistrate. He further submits that there is a dispute between the parties with regard to the sale of the plot. He contends that entire evidence is based on documents and same are in power and [2025:RJ-JP:13861] (2 of 3) [CRLMB-1311/2025] possession of the Investigating Agency. He further contends that charge-sheet has already been filed and trial of the case will take considerable time in its conclusion. He argues that the petitioner is in custody since 28.10.2024 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 the petitioner is a habitual offender as 20 other criminal cases have been registered against him of similar nature. 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 fact that alleged offences are triable by Magistrate; also considering the nature of dispute; charge-sheet has been filed 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 - Jitendra Nath S/o Shri Shankar Nath, 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 [2025:RJ-JP:13861] (3 of 3) [CRLMB-1311/2025] subsequent dates of hearing and as and when called upon to do so. 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 and third 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 CHARU SONI /113