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2025 DAILYLAW 7423 (RAJ)

AJAY TOPIYA S/O SHYAM LAL v. STATE OF RAJASTHAN

CRLMB/2370/2025 · 2025-02-17

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:7068] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2370/2025 Ajay Topiya S/o Shyam Lal, Aged About 24 Years, R/o Plot No. 440, JDF Colony, Bindayaka, Police Station Bindayaka, Jaipur. (At Present Accused Petitioner Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kuldeep Kumar Sharma Mr. Naresh Sarwan For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Gaurav Gupta, Asst. Gov. Adv. Mr. Vishnu Kumar Sharma, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/02/2025 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.33/2025 registered at Police Station Bindayaka, District Jaipur (West) for the offences under Sections 126(2), 115(2), 127(2), 140(3), 309(4), 351(3) & 3(5) of BNS. 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 on account of money dispute, this false FIR has been registered against the petitioner. It is submitted that now, dispute has been resolved by the parties amicably. Learned counsel contends that petitioner is in custody since his [2025:RJ-JP:7068] (2 of 2) [CRLMB-2370/2025] date of arrest. Further custody of the petitioner would not serve any fruitful purpose. Trial will take time in its conclusion. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. 4. Complainant is present in person and has been duly identified by his counsel. Complainant along with his counsel does not dispute the factum of compromise. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, as also considering the fact that parties have resolved their dispute amicably, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner - Ajay Topiya S/o Shyam Lal, 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. (ANIL KUMAR UPMAN),J CHARU SONI /222