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2025 DAILYLAW 8249 (RAJ)

HEMANT KUMAR S/O GHANSHYAM DAS v. STATE OF RAJASTHAN

CRLMB/2749/2025 · 2025-07-29

Anil Kumar Upman

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:28549] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2749/2025 Hemant Kumar S/o Ghanshyam Das, R/o Pilpli Chauraha, Begu, District Chittorgarh, Present Resident Near Government School, Police Station Nai, District Udaipur. (At Present Confined In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Gaurav Singh For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/07/2025 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.163/2024 registered at Police Station Dargah, District Ajmer for the offence under Sections 318(4) of BNS. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 318(4) & 346 of BNS. 2. Learned counsel for the petitioner submits that accused- petitioner has falsely been implicated in this case. He submits that there is no evidence available on record to connect the petitioner with the alleged crime. It is submitted that alleged offences are triable by Magistrate. Counsel further submits that after framing the charges, first date for recording the prosecution witnesses was [2025:RJ-JP:28549] (2 of 2) [CRLMB-2749/2025] fixed as 03.01.2025 and as such more than five months have been passed but till date trial has not been commenced. In these circumstances, petitioner is entitled to enlarge on bail under the provision of Section 480(6) of BNS. Petitioner is in custody since 25.10.2024 and trial of the case 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. He submits that petitioner is a habitual offender as 29 other cases have been registered against him wherein in eight cases, he has been convicted. He further submits that trial is at fag end. 4. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced at bar, especially the fact that previously, petitioner is convicted in eight other cases; looking to the fact that trial is at fag end, I am not inclined to enlarge the petitioner on bail. 5. Accordingly, this bail application is dismissed. 6. The observation made hereinabove is only for disposal of the instant bail application and would not prejudice trial in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /50