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2025 DAILYLAW 8436 (RAJ)

SANTOSH SAINI @ SANTSWAROOP SAINI S/O PHOOL CHAND SAINI v. STATE OF RAJASTHAN

CRLMB/2599/2025 · 2025-03-03

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:9254] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2599/2025 Santosh Saini @ Santswaroop Saini S/o Phool Chand Saini, Aged About 26 Years, R/o Ganga Market, Ward No. 18, Shahpura, Police Station Shahpura, District Jaipur. (Accused Petitioner Is In J/c At Central Jail, Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anoop Agarwal, 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.13/2025 registered at Police Station Manoharpur, District Jaipur Rural for the offence punishable under Section 303(2) of BNS, 2023. Investigation is being conducted in this matter for the offences punishable under Sections 303(2) and 317(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 alleged offences are triable by Magistrate. He contends that there are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. He argues that the petitioner is in custody [2025:RJ-JP:9254] (2 of 3) [CRLMB-2599/2025] since 29.01.2025 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. 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 fact that alleged offences are triable by Magistrate; absence of criminal antecedents 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 - Santosh Saini @ Santswaroop Saini S/o Phool Chand Saini 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 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. [2025:RJ-JP:9254] (3 of 3) [CRLMB-2599/2025] 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/372