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2025 DAILYLAW 8677 (RAJ)

DEEPENDRA SINGH S/O SHRI MADANSINGH v. STATE OF RAJASTHAN

CRLMB/2855/2025 · 2025-03-17

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:11795] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2855/2025 Deependra Singh S/o Shri Madansingh, Aged About 28 Years, R/o Village Kotwad, Police Station Bhaleri, District Churu, Presently R/o Siwadi Road, Gali No. 05 Police Station Jainarayan Vihar Colony, Bikaner. (At Present Confined In Central Jail, Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajeev Kumar Sogarwal, Adv., with Mr. Lalit Chittoria, Adv. For Respondent(s) : Mr. Naresh Kumar Gupta, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/03/2025 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.429/2023 registered at Police Station Bhankrota, District Jaipur City (West) (Raj.) for the offences punishable under Sections 302, 307 and 384 of IPC. Later on, police filed charge-sheet in this matter. 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 present case was registered on the basis of parcha bayan of the injured. He further submits that said injured has been examined during the course of trial, she has not supported the prosecution case and she has been declared hostile. [2025:RJ-JP:11795] (2 of 3) [CRLMB-2855/2025] He argues that now, after examination of the sole eye-witness, there is no evidence available on record to connect him to the alleged offence. He further argues that till date, only 2 witnesses have been examined out of 33 cited prosecution witnesses. He contends that charge-sheet has already been filed, there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. He further contends that the petitioner is in custody since 21.08.2023 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner and submits that according to the charge-sheet, there is allegation against the petitioner to cause death of two persons by hitting his Bolero Pick-up to the motorcycle on which deceased as well as injured witness were going. 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 made available in the form of charge-sheet as well as testimony of the injured eye witness; 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- Deependra Singh S/o Shri Madansingh shall be released on bail provided, he furnishes a [2025:RJ-JP:11795] (3 of 3) [CRLMB-2855/2025] 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. 7. The observation made herein above is only for decision of these instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/188