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2025 DAILYLAW 5358 (RAJ)

KESHULAL @ KESHURAM S/O SHRI AMARNATH v. STATE OF RAJASTHAN

CRLMB/1501/2025 · 2025-04-23

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:17157] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1501/2025 Keshulal @ Keshuram S/o Shri Amarnath, Aged About 23 Years, R/o Borda, P.s. Dablana, District Bundi (Raj.) (At Present Confined In District Jail Bundi). ----Accused/Applicant Versus State of Rajasthan, through PP ----Respondent For Applicant : Mr. Mohar Pal Meena, Adv. with Mr. Kishan Lal Meena, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 23/04/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 17.01.2025 passed by learned Sessions Judge, Bundi in Bail Application No.31/2025 arising out of FIR No.405/2024, registered at Police Station Talera, District Bundi for the offences punishable under Sections 74, 333 and 115(2) of B.N.S., 2023 (later on for the offences punishable under Sections 64 of B.N.S., 2023) by which the bail application of the accused-applicant under Section 483 of B.N.S.S.,2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel also submits that initially, the FIR was lodged against the accused-applicant for the offences punishable under [2025:RJ-JP:17157] (2 of 3) [CRLMB-1501/2025] Section 74, 333 and 115(2) of B.N.S., 2023. Learned counsel further submits that the alleged incident was said to be occurred on 25.09.2024, however, the FIR was lodged on 18.12.2024, i.e. almost after three months of the said incident. 3. Learned counsel for the accused-applicant argues that in the statement recorded under Section 180 of B.N.S.S., 2023, the prosecutrix, eye-witnesses Banwarilal-husband of the prosecutrix and Kundan-son of the prosecutrix have not stated anything to constitute the offences punishable under Section 64 of B.N.S.S., 2023, however, after recording of the statement of prosecutrix under Section 183 of B.N.S.S., 2023 and that too, after three months of the alleged incident, charge for the offence punishable under Section 64 of B.N.S.S., 2023 was added. Learned counsel also argues that it is an admitted case of the prosecutrix that prior to the alleged incident, the applicant was tenant in the house of the prosecutrix and there was some dispute regarding money between them. Learned counsel further argues that in this matter, the charge-sheet has already been filed. 4. Learned counsel for the accused-applicant contends that no other criminal case is registered against the accused-applicant. Learned counsel also contends that the accused-applicant is behind the bars since 26.12.2024 and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail. 5. Learned Deputy Government Advocate vehemently opposes this bail application. [2025:RJ-JP:17157] (3 of 3) [CRLMB-1501/2025] 6. Heard learned counsel for the parties and also perused the material available on record. 7. Having regard to the facts and circumstances of the case, and considering the fact that the applicant is in judicial custody since 26.12.2024 and also considering the fact that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant. 8. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Keshulal @ Keshuram S/o Shri Amarnath, arrested in connection with FIR No.405/2024, registered at Police Station Talera, District Bundi shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent attested sureties of Rs.25,000/- to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /67