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2025 DAILYLAW 5350 (RAJ)

RAKESH S/O SHRI BANWARILAL v. STATE OF RAJASTHAN

CRLMB/1555/2025 · 2025-04-07

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:15364] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1555/2025 Rakesh S/o Shri Banwarilal, R/o Dhani Suryanarayanvali Tan Village Lisadiya Police Station Shrimadhopur, Tehsil Shrimadhopur District Sikar, Rajasthan (Petitioner Is In Judicial Custody At District Sikar Jail). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/04/2025 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.30/2024 registered at Police Station Ajeetgarh, District Neem Ka Thana (Rajasthan) for the offences punishable under Sections 452, 506 & 34 of IPC and Section 3/25 of Arms Act. Later on, police filed charge-sheet in this matter. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that alleged offences are triable by Magistrate. Counsel submits that other co- accused persons namely Rahul Yadav, Sohan Swami, Ramkaransingh & Manoj Yadav have already been granted benefit of bail by co-ordinate Bench of this Court. Counsel submits that at the time of alleged incident, petitioner was not present at the [2025:RJ-JP:15364] (2 of 3) [CRLMB-1555/2025] spot. Counsel submits that bail has been denied to the petitioner by the learned trial Court solely on the basis of pendency of other cases registered against the petitioner. Counsel submits that pendency of other cases cannot be the sole ground of refusing the bail application and Court is required to examine the role attributed to the petitioner in the matter. Petitioner is in custody since 02.07.2024 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. She submits that 21 other cases have been registered against the petitioner. 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 the fact that co-accused persons namely Rahul Yadav, Sohan Swami, Ramkaran Singh & Manoj Yadav have been granted benefit of bail; charge-sheet has been filed in this matter and trial will take considerable time in its conclusion; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioner Rakesh S/o Shri Banwarilal 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 [2025:RJ-JP:15364] (3 of 3) [CRLMB-1555/2025] 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 subsequent dates of hearing and as and when called upon to do so. 7. 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 week of every month in the concerned police station. 8. 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. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. (ANIL KUMAR UPMAN),J LALIT MOHAN /128