Rajasthan High Court
CRLMB/13359/2024 of INDRESH S/O SHRI LAL JI Vs STATE OF RAJASTHAN on 20 December 2024
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13359/2024 Indresh S/o Shri Lal Ji, Aged About 36 Years, R/o Village Ratuapar, Police Station Atrolia, Distt. Aajamgarh (Uttar Pradesh). (At Present Confined At District Jail, Jaipur, District Jaipur).
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 13359/2024
Indresh S/o Shri Lal Ji, Aged About 36 Years, R/o VillageRatuapar, Police Station Atrolia, Distt. Aajamgarh (UttarPradesh). (At Present Confined At District Jail, Jaipur, DistrictJaipur).
----Accused-Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 14259/2024Monu S/o Sheshnath Rajbhar, R/o Khanpur Hussainabad(Dedhala). Lakhoniya Post Surpur Kalan, Police Station Jaitpura,Janpad Ambedkar Nagar, Uttar Pradesh. (At Present AccusedConfined In District Jail Jaipur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shyam Kant Sharma, Adv., and Mr. Santosh Guria, Adv.Mr. Santosh Guria, Adv.
For Respondent(s)
: Mr. Rajendra Singh Shekhawat, PP and Mr. Brahma Prakash, Adv., for complainant.and Mr. Brahma Prakash, Adv., for complainant.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
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Order
20/12/20241.These instant bail applications have been filed under Section483 of BNSS, on behalf of the petitioners, who have been arrestedin connection with FIR No.120/2017 registered at Police StationVishvakarma, District Jaipur (West) for the offence punishable under Section 407 of IPC. After completion of investigation, Policehas filed charge-sheet in this matter.
2. It is contended by learned counsel for the petitioners thatthe accused-petitioners have falsely been implicated in this case.Learned counsel submit that at initial stage, offences were notfound proved against the petitioners, but later on, investigationwas changed on the application submitted by the complainant andcharge-sheet was submitted against the petitioners in theirabsence. Learned counsel further submit that initially, it wasopined by the Investigating Officer that there is dispute betweenthe parties with regard to the money. Learned counsel contendthat alleged offences are triable by Magistrate. Learned counselfurther contend that there are no criminal antecedents of similarnature against the petitioners and trial of the case will takeconsiderable time. Learned counsel argues that the petitioners arein custody since their date of arrest and further custody of thepetitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor as well as learned counsel for thecomplainant vehemently opposes the submissions made bylearned counsel for the petitioners.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstancesof the case; considering the arguments advanced by learnedcounsel for the petitioners, especially the fact that allegedoffences are triable by Magistrate; charge-sheet has been filed;absence of criminal antecedents of similar nature and trial willtake time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demeritsof the case, I deem it proper to allow these bail applications.
6. These bail applications are accordingly allowed and it isdirected that accused-petitioners – 1. Indresh S/o Shri Lal Jiand 2. Monu S/o Sheshnath Rajbhar shall be released on bailprovided, each of them furnishes a personal bond in the sum ofRs.50,000/- (Rupees Fifty Thousand Only) together with twosureties in the sum of Rs.25,000/- (Rupees Twenty Five ThousandOnly) each to the satisfaction of the learned Trial Court with thestipulation that each of them shall appear before that Court andany Court to which the matter is transferred, on all subsequentdates of hearing and as and when called upon to do so.
7. However, it is made clear that the petitioners shall notinvolve in similar offence(s) during currency of bail granted by thisCourt. The petitioners are further directed to mark their presencein the concerned police station on first week of every month, tilltrial is concluded.
8. If breach of any of these conditions is reported or come tothe notice of the Court, the same shall alone be a reason for thetrial Court to cancel the bail granted to petitioners by this Court.
9. Concerned SHO is directed to maintain a register recordingthe attendance of the petitioners, as directed above. In case thepetitioners fail to mark their presence in the concerned policestation, as directed above, the concerned SHO is directed toimmediately report the matter to the concerned Court in thisregard.
these instant bail applications and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J
MADAN/S-605-606