Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:9255] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2617/2025 Modulal S/o Mohanlal, R/o Balapura Tapariya, Kanwas, Police Station Kanwas, District Kota. (At Present Confined In Central Jail, Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nitin Kumar Sharma, Adv., with Mr. Manoj Seth, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 03/03/2025
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.420/2024 registered at Police Station Ramganjmandi, District Kota Rural for the offences punishable under Sections 333 and 109(1) of BNS, 2023. Later on, Police filed charge-sheet in this matter for the offences punishable under Sections 333, 109(1) and 117(2) of BNS, 2023.
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 none of the injuries sustained by the injured have been opined as dangerous to life and only one injury has been found grievous in nature which is on non-vital part of the body i.e., right elbow. He contends charge-sheet has already been filed and trial of the case will take considerable time in its
[2025:RJ-JP:9255] (2 of 3) [CRLMB-2617/2025] conclusion. He argues that the petitioner is in custody since 24.10.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. He submits that the petitioner is a habitual offender as two other cases have been registered against him. Thus, bail should not be granted to 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 as also looking to the material available on record in the form of charge-sheet including injury report; charge-sheet has been filed 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-petitioner - Modulal S/o Mohanlal 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. It is made clear that the accused-petitioner shall not involve
[2025:RJ-JP:9255] (3 of 3) [CRLMB-2617/2025] in any other offence(s) during currency of the bail and he shall mark his presence once in every three months in the concerned police station, till trial is concluded. 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 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 him by this Court. (ANIL KUMAR UPMAN),J MADAN/374