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2025 DAILYLAW 9005 (RAJ)

SHANKAR S/O SITARAM v. STATE OF RAJASTHAN

CRLMB/3049/2025 · 2025-03-03

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:9099] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3049/2025 Shankar S/o Sitaram, Aged About 53 Years, R/o Phariya, Police Station Khandar, District Sawai Madhopur (Rajasthan)-322001 (At Present In District Jail, Sawaimadhopur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Yash Sharma For Respondent(s) : Ms. Arti Sharma, 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.297/2024 registered at Police Station Khandar, District Sawai Madhopur (Raj.) for the offences punishable under Sections 115(2), 126(2), 189(2), 333, 351(2) & 352 of BNS. Later on, police filed charge-sheet in this matter for the offences under Sections 115(2), 126(2), 333, 351(2), 352, 118(2), 190, 109(1), 191(2) & 191(3) of BNS. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that cross- cases have been registered between the parties. Counsel submits that three persons including petitioner from the petitioner’s side have sustained several injuries. Counsel submits that main [2025:RJ-JP:9099] (2 of 3) [CRLMB-3049/2025] allegation of causing grievous injury to the injured Prem Singh is against the co-accused Dilkhush whose bail application has been refused by this Court. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 05.02.2025 and 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 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, especially the fact that cross-cases have been registered between the parties; charge-sheet has been filed in this matter; absence of criminal antecedents of the petitioner; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Shankar S/o Sitaram 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. [2025:RJ-JP:9099] (3 of 3) [CRLMB-3049/2025] 7. The observations made hereinabove are 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 /51