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2025 DAILYLAW 9552 (RAJ)

VIVEK S/O CHOTURAM v. STATE OF RAJASTHAN

CRLMB/3184/2025 · 2025-04-07

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:15429] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3184/2025 Vivek S/o Choturam, R/o Kumawat Colony, Biharipura Naya Kishangarh, P.s. Kotwali Kishangarh, Presently Plot No. 100, Hanuman Nagar Vistar Pindloi, P.s. Bindayika, District Jaipur West. (At Present Accused Petitioner Confined Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3627/2025 Sonu S/o Mohan, Aged About 22 Years, R/o Village Bagalpur Usari, P.s. Bunyanganj, District Gaya, Bihar, Presently Tenent Plot No. 37, Ayodhya Nagar, Dhawas, P.s. Karni Vihar, District Jaipur West. (At Present Accused- Petitioner Confined Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vijendra Yadav For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/04/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.153/2025 registered at Police Station Muhana, District Jaipur City (South) for the offence under Section 304(2) of BNS. Investigation is being conducted for offences punishable under Sections 304(2) & 317(2) of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. [2025:RJ-JP:15429] (2 of 3) [CRLMB-3184/2025] Learned counsel submits that alleged offences are triable by Magistrate for which maximum punishment is three years. It is contended that petitioners are in custody since 17.02.2025. Further custody of the petitioners would not serve any fruitful purpose. Trial will take in its conclusion. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. She submits that petitioners are habitual offenders as other cases have been registered against them. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; especially considering the argument advanced by learned counsel for the petitioners that alleged offences are triable by Magistrate for which maximum punishment is three years; petitioners are in custody since 17.02.2025 and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Vivek S/o Choturam, & (2) Sonu S/o Mohan, shall be released on bail provided each of them 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 they shall appear before that Court and any Court to which the [2025:RJ-JP:15429] (3 of 3) [CRLMB-3184/2025] 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-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their 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. 9. 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 them by this Court. (ANIL KUMAR UPMAN),J CHARU SONI /211-212