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2025 DAILYLAW 5203 (RAJ)

MOJI RAM S/O LAXMINARAYAN v. STATE OF RAJASTHAN

CRLMB/1417/2025 · 2025-03-11

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:11207] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1417/2025 1. Moji Ram S/o Laxminarayan, Aged About 45 Years, R/o Nimoda, P.s. Sadar Jhalawar, Distt. Jhalawar. (At Present Confined In District Jail Jhalawar). 2. Rambharat S/o Moji Ram, Aged About 22 Years, R/o Nimoda, P.s. Sadar Jhalawar, Distt. Jhalawar. (At Present Confined In District Jail Jhalawar). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ali Mohammed Khan For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/03/2025 1. The bail application under Section 483 of BNSS has been filed, on behalf of the petitioners, who have been arrested in connection with FIR No.331/2024 registered at Police Station Jhalawar Sadar, District Jhalawar (Raj.) for the offences punishable under Sections 189(2), 119(1), 190, 126(2), 109(1), 308(3), 351(2), 351(3) of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that false allegation of using firearm has been levelled against the petitioners. During the course of investigation, no sign of firing was found at the place of incident. Petitioners are in custody since their date of arrest. Charge-sheet has been filed [2025:RJ-JP:11207] (2 of 3) [CRLMB-1417/2025] & trial of the case will take considerable time in its conclusion. 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. He submits that petitioners are habitual offenders as several other cases have been registered against them. 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 the fact that as per charge-sheet no sign of firing was found at the place of incident; trial will take time in its conclusion; 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) Moji Ram S/o Laxminarayan & 2) Rambharat S/o Moji Ram, 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 in any other offence(s) during currency of the bail and they shall [2025:RJ-JP:11207] (3 of 3) [CRLMB-1417/2025] mark their presence 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 petitioners, as directed above. In case the petitioner fails 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. (ANIL KUMAR UPMAN),J GAUTAM JAIN /430