SANJAY CHOUDHARY S/O BALVEER SINGH v. STATE OF RAJASTHAN
CRLMB/1778/2025 · 2025-02-11
Anoop Kumar Dhand
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 5927 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5927 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1778/2025 Sanjay Choudhary S/o Balveer Singh, Aged About 19 Years, R/o Muradpur, Police Station Singhana, Currently Residing At Quarter No. E-193, First C, Khetri Nagar, Police Station Khetri Nagar, District Jhunjhunu, Rajasthan. (Presently Accused Confined In District Jail, Jhunjhunu) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr.Dharmendra Kumar on behalf of Mr.Kapil Gupta For Respondent(s) : Mr.Tapesh Agarwal, PP JUSTICE ANOOP KUMAR DHAND
Order 11/02/2025
1. This present bail application under Section 483 Bhartiya Nagrik Suraksha Sanhita, 2023 (for short, "B.N.S.S.") has been filed by the petitioner in connection with FIR No.95/2020, registered at Police Station Khetri Nagar, District Jhunjhunu, wherein he is charged for offences punishable under Sections 147, 148, 149, 452, 307, 436, 120-B, 427 & 395 of I.P.C. and Section 3/25 of the Arms Act.
2.
Learned counsel for the petitioner submits that the petitioner remained absent on 08.05.2023 and hence, his bail bonds were forfeited thereafter, he was arrested through production warrant and send to judicial custody vide order dated 11.12.2024. Counsel submits that the petitioner undertakes that he will not misuse the liberty of bail in future. Counsel submits that the
(2 of 3) [CRLMB-1778/2025] petitioner is in custody since the date of his arrest and trial will take its own time to conclude, therefore, indulgence of bail be granted to the petitioner.
3. Per contra, learned Public Prosecutor opposed the bail application and submitted that the petitioner is a habitual absentee and on earlier occasions, i.e., on 17.09.2021, 23.02.2022, 15.07.2022 and 08.05.2023, he remained absent. Counsel submits that the petitioner is misusing the liberty of bail, therefore, he does not deserve indulgence of bail and his bail application is liable to be rejected.
4. Heard and considered the submissions made at Bar and perused the material available on record.
5. Considering the arguments put forward by the learned counsel for the petitioner last and final indulgence of bail is granted to the petitioner. Accordingly, this Court deems it just and appropriate to grant indulgence of bail to the petitioner under Section 483 B.N.S.S., subject to his furnishing a cost of Rs.10,000/- before the Trial Court, to be deposited in the Litigants Welfare Fund which shall be used in the needy litigants along-with an undertaking to the effect that he would appear before the Trial Court it on each and every date or on the date fixed by the Trial Court to secure his presence and in case, he misuses the liberty of bail in future, he will not claim the said liberty again.
6. Accordingly, this bail application under Section 483 B.N.S.S. is allowed and it is ordered that accused-petitioner Sanjay Choudhary S/o Balveer Singh arrested in connection with aforementioned FIR, may be released on bail; provided he
(3 of 3) [CRLMB-1778/2025] furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(ANOOP KUMAR DHAND),J Aayush Sharma/1