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2025 DAILYLAW 6116 (RAJ)

JAIPAL S/O BANSIDHAR KALIRAWANA v. STATE OF RAJASTHAN

CRLMB/1879/2025 · 2025-02-12

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:6070] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1879/2025 Jaipal S/o Bansidhar Kalirawana, Aged About 28 Years, R/o Jodhawali Dhani Ten Silkiwada Police Station Khandela District Sikar. (At Present Confined At Sub Jail Neem Ka Thana). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Santosh Singh Ms. Kirti Vardhan Singh For Respondent(s) : Mr. Jai Prakash Tiwari, PP Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/02/2025 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.473/2024 registered at Police Station Khandela District Sikar for the offence punishable under Section 309(4) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that co-accused namely- Rahul Gadhwal has been granted benefit of bail by this Court vide order dated 20.01.2025. It is submitted that simple road accident has been converted into serious criminal offence. Counsel argues that trial of the case will take considerable time in its conclusion. Petitioner is in custody [2025:RJ-JP:6070] (2 of 3) [CRLMB-1879/2025] since his date of arrest and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for 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 both the parties, as also the fact that co-accused has been granted benefit of bail by this Court; trial will take time in its conclusion 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 bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Jaipal S/o Bansidhar Kalirawana 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 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. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station in first week of every month, till trial is concluded. [2025:RJ-JP:6070] (3 of 3) [CRLMB-1879/2025] 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his 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 breach of any 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 petitioner by this Court. 10. The observation made herein above 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 MAHIMA/81