HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16221/2024
Om Prakash S/o Gyarsilal, R/o 18, Bhitha Mohalla, Vijay Nagar,
Ranipura, Police Station Nagar Fort, District Tonk Presently
Resident Of House No. 98, E-Block, Gulmohar Garden Vatika,
Jaipur (Raj.) (At Present Confined In Central Jail, Kota (Raj.).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Govind Choudhary
For Respondent(s) : Mr. N.S. Dhakar, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
20/12/2024
1. Petitioner has filed this bail application under Section 483 of
BNSS.
2. F.I.R. No. 209/2024 was registered against the petitioner at
Police Station Gumanpura, District Kota City, Kota (Raj.) for the
offences punishable under Sections 420, 406 & 120-B of IPC.
3. It is contended by learned counsel for the petitioner that the
accused-petitioner has falsely been implicated in this case.
Petitioner is in custody since 27.09.2024. Counsel further submits
that alleged offences are triable by magistrate. Counsel further
submits that in other identical case bail has already been granted
to the petitioner by Co-ordinate Bench of this Court. Charge-sheet
has been filed and trial will take considerable time. Further
custody of the petitioner would not serve any fruitful purpose.
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4. Learned Public Prosecutor opposes the submissions made by
counsel for the petitioner. He further submits that 15 cases have
been registered against the petitioner, bail should not be granted.
5. I have considered the contentions.
6. Having regard to the totality of the facts and circumstances of
the case; considering the arguments advanced by learned counsel
for the parties, especially the fact that alleged offences are triable
by magistrate; charge-sheet has been filed; as well as considering
the period of custody, but without commenting anything on merits
and demerits of the case, I deem it proper to allow the bail
application.
7. This bail application is accordingly allowed and it is directed
that accused-petitioner- Om Prakash S/o Gyarsilal 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.
8. Office is directed to send copy of this order forthwith to the
accused petitioner through concerned Jail Superintendent. Office is
also directed to send copy of this order to the concerned trial court
forthwith. After receiving copy of this order, the learned trial court
shall intimate the accused petitioner regarding this bail granting
order.
9. It is made clear that the accused petitioner shall not involve
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in any other similar offence during currency of the bail and he
shall mark his presence on first monday of every month in the
concerned police station.
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
ANAND TANWAR /58