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2025 DAILYLAW 5160 (RAJ)

JAI PRAKASH TRIVEDI S/O LATE SHRI BHAGWAT PRASAD TRIVEDI v. STATE OF RAJASTHAN

CRLMB/1354/2025 · 2025-02-28

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:8862] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 1354/2025 Jai Prakash Trivedi S/o Late Shri Bhagwat Prasad Trivedi, R/o Basan Gate, Bharatpur, At Present Resident Of Anand Nagar Colony, Near Gayatri Mandir Sapau Road, Dholpur, Police Station Nihalganj Dholpur. (At Present Confined At Jail, Dholpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Yash Vardhan Nandwana For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/02/2025 1. The second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.271/2024 registered at Police Station Nihalganj, District Dholpur for the offences punishable under Sections 329(3), 318(4), 324(4), 324(5), 338, 336(3) & 340(2) of BNS. 2. The first bail application (No.16128/2024) was dismissed as withdrawn by this Court vide order dated 07.01.2025 with liberty to renew the prayer of bail after filing of result of investigation. Now, charge-sheet has been filed in this matter for the offences punishable under Sections 318(4), 338, 336(3) & 340(2) of BNS. Thus, this second bail application has been preferred. [2025:RJ-JP:8862] (2 of 3) [CRLMB-1354/2025] 3. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate. Petitioner is 65 years old aged person who is in custody since 07.12.2024. There are no criminal antecedents of the petitioner. Trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that there is serious allegation against the petitioner of selling the same property to two different persons. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially the fact that alleged offences are triable by Magistrate; trial will take time in its conclusion; absence of criminal antecedents 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. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner – Jai Prakash Trivedi S/o Late Shri Bhagwat Prasad Trivedi 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 [2025:RJ-JP:8862] (3 of 3) [CRLMB-1354/2025] 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. 8. 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 /23