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2025 DAILYLAW 6247 (RAJ)

MANISH KUMAR @ GUDDA @ MANISH PANDIT S/O GOPALPRASAD v. STATE OF RAJASTHAN

CRLMB/1958/2025 · 2025-02-10

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:5686] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1958/2025 Manish Kumar @ Gudda @ Manish Pandit S/o Gopalprasad, Aged About 22 Years, R/o Village Iklera, Police Station Deeg, District Deeg. (At Present Confined In Sub Jail Deeg) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. S.L. Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/02/2025 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.306/2024 registered at Police Station Deeg, District Deeg for the offences punishable under Sections 191(2), 115(2), 126(2), 109(1) & 333 of BNS. Charge-sheet has been filed for offences punishable under Sections 109(1) & 3(5) of BNS and Section 3/25 of Arms Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that although, there is allegation against the petitioner that he used firearm with the intention to kill injured but said injury has been found on the non-vital part of the body (leg). It is submitted that as per X-ray report, no bone injury is seen on the person of injured. Learned counsel contends that co- [2025:RJ-JP:5686] (2 of 3) [CRLMB-1958/2025] accused Hariom Sharma has been granted bail by this Court vide order dated 22.01.2025. It is contended that petitioner is in custody since 27.09.2024. Charge-sheet has been filed and trial will take time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the bail application. She submits that three 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 especially the fact that injury attributed to the petitioner has been found on the non-vital part of the body of injured; co-accused Hariom has been granted bail by this Court; petitioner is in custody since 27.09.2024; charge-sheet has been filed and trial will take time in its conclusion, 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 – Manish Kumar @ Gudda @ Manish Pandit S/o Gopalprasad, 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 [2025:RJ-JP:5686] (3 of 3) [CRLMB-1958/2025] called upon to do so. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. 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 the first week of every month, till trial is concluded. 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. (ANIL KUMAR UPMAN),J CHARU SONI /62