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2025 DAILYLAW 9317 (RAJ)

MOHAN LAL S/O KHAIRATILAL v. STATE OF RAJASTHAN

CRLMB/3122/2025 · 2025-03-17

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:11833] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3122/2025 Mohan Lal S/o Khairatilal, Aged About 44 Years, R/o Roopwas Ki Dhani Tan Narayanpura, Police Station Bandikui, District Dausa, Raj. (Presently Confined In Sub Jail Bandikui, Dist. Dausa). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nikhil Saini Mr. Jawahar Singh For Respondent(s) : Ms. Arti Sharma, PP 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.348/2024 registered at Police Station Bandikui (Dausa), District Dausa (Rajasthan) for the offences punishable under Sections 189(2), 115(2) & 126(2) of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 103(1), 3(5), 190, 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 there is no allegation against the petitioner to cause injury on the person of the deceased. Counsel submits that specific allegation to cause head injury to the deceased is against the co-accused Mamta. [2025:RJ-JP:11833] (2 of 3) [CRLMB-3122/2025] Counsel submits that though petitioner is named in the FIR but in the statement of the informant recorded under Section 180 of BNSS name of the petitioner is not mentioned. Counsel submits that co-accused Chandraprakash @ Chander and Kanhaiyalal have been granted bail by co-ordinate Bench of this Court. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 03.09.2024 and trial will take considerable time in its conclusion. 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, as also the material available on record in the form of charge-sheet; role attributed to the petitioner in the charge-sheet; co-accused Chandraprakash @ Chander and Kanhaiyalal have been granted bail; 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. This bail application is accordingly allowed and it is directed that accused-petitioner Mohan Lal S/o Khairatilal 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 [2025:RJ-JP:11833] (3 of 3) [CRLMB-3122/2025] 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 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 /211