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2025 DAILYLAW 8451 (RAJ)

BHURALAL S/O KALYAN v. STATE OF RAJASTHAN

CRLMB/2832/2025 · 2025-02-27

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:8662] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2832/2025 Bhuralal S/o Kalyan, Aged About 30 Years, R/o Kholi Police Station Ghatoli District Jhalawar (Raj.) (At Present Confined In Sub District Jail, Aklera District Jhalawar (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/02/2025 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.456/2024 registered at Police Station Aklera, District Jhalawar (Rajasthan) for the offences punishable under Sections 384, 386 & 389 of IPC. 2. Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Counsel submits that alleged incident took place on 19.01.2024 while, matter was reported to the police on 09.09.2024. Counsel submit that for this delay, there is no proper explanation available on record. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since his date of arrest and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:8662] (2 of 3) [CRLMB-2832/2025] 3. Learned Public Prosecutor opposes the submissions made by 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 the fact that FIR lodged in this matter after delay of eight months from alleged incident; absence of criminal antecedents of the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioner Bhuralal S/o Kalyan 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 in first week of every three month in the concerned police station till conclusion of the trial. 8. 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. [2025:RJ-JP:8662] (3 of 3) [CRLMB-2832/2025] 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /29