KUSHAL SWAMI S/O SHREE PARBHU RAM v. STATE OF RAJASTHAN
CRLMB/2607/2025 · 2025-02-21
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8011 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8011 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:8009] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2607/2025
1. Kushal Swami S/o Shree Parbhu Ram, Aged About 20 Years, R/o Toliyasar, Tehsil Sujangarh, District Churu Rajasthan.
2. Rajesh Nehra S/o Shree Trilokaram, Aged About 26 Years, R/o Nayabas, Tehsil Fatehpur, District Sikar Rajasthan. (At Present Confined At Sub Jail Fatehpur Shekhawati). ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ravikant Soni, Adv., with Ms. Nandini Verma, Adv., for Mr. Deepak Soni, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 21/02/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.183/2024 registered at Police Station Fatehpur Sadar, District Sikar for the offence punishable under Section 303(2) of BNS, 2023.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submits that alleged offence is triable by Magistrate for which maximum punishment is three years. He further submits that no further recovery has been made from possession of the petitioners and stolen vehicle was found
[2025:RJ-JP:8009] (2 of 3) [CRLMB-2607/2025] abandoned in open place. He argues that trial of the case will take considerable time. He contends that the petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. He submits that one other criminal case for the similar offence has 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 petitioners as also looking to the fact that alleged offence is triable by Magistrate for which maximum punishment is three years and trial will take time in its conclusion as well as looking to the period of custody, 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-petitioners – 1. Kushal Swami S/o Shree Parbhu Ram and 2. Rajesh Nehra S/o Shree Trilokaram shall be released on bail provided each of them 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 each of them shall appear before that Court and any Court to which the matter is transferred, on all
[2025:RJ-JP:8009] (3 of 3) [CRLMB-2607/2025] subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above.
In case the petitioners fail to mark their 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 any breach 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 them by this Court. (ANIL KUMAR UPMAN),J MADAN/242