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2025 DAILYLAW 8998 (RAJ)

PAWAN BHEEL @ C. P. S/O CHANDRA PRAKASH v. STATE OF RAJASTHAN

CRLMB/3316/2025 · 2025-03-07

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:10381] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3316/2025 Pawan Bheel @ C. P. S/o Chandra Prakash, Aged About 25 Years, R/o Bareda, Police Station Sarola, Presently Khandiya Colony, Jhalawar, Kiraye Ka Makan Siyaram Nagar, Tilak Nagar, Jhalawar Police Station Kotwali Jhalawar District Jhalawar ( At Present Confined In District Jail Jhalawar ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/03/2025 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.717/2024 registered at Police Station Kotwali Jhalawar, District Jhalawar (Raj.) for the offences punishable under Sections 333, 115(2), 126(2), 308(3), 309(4), 119(1) of BNS & Section 3(2)(va) of SC/ST (Prevention of Atrocity) Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submit that petty dispute has been converted into serious criminal offence. He submits that other co-accused persons of this case have been granted bail by this court vide orders dated 11.12.2024 & 03.02.2025. Petitioner is in custody [2025:RJ-JP:10381] (2 of 3) [CRLMB-3316/2025] since 06.12.2024. Counsel argues that trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that petitioner is a habitual offender as 19 other cases have been registered against him. 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, especially the fact that other co-accused persons have been granted bail by this court; trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail applications. 6. The bail application is accordingly allowed and it is directed that accused-petitioner – Pawan Bheel @ C. P. S/o Chandra Prakash 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. The observations made hereinabove is only for decision of [2025:RJ-JP:10381] (3 of 3) [CRLMB-3316/2025] the instant bail application and would not have any impact on the trial of the case in any manner. 8. 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 month in the concerned police station. 9. 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. 10. 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 LALIT MOHAN /35