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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11069/2024
Shaitan Saran S/o Poluram, Aged About 20 Years, R/o Mamana,
Police Station Narena, District Jaipur . ( At Present Confined In
Central Jail Jaipur, District Jaipur ).
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Ravindra Kumar Paliwal
For Respondent(s) : Mr. Vijay Yadav, PP
HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
29/11/2024
1. The present application under Section 483 of B.N.S.S., 2023
has been filed by the petitioner seeking regular bail in connection
with F.I.R. No. 76/2024 dated 17.05.2024 registered at Police
Station Sambhar, District Jaipur Rural for the offences under
Sections 143, 323 & 342 of I.P.C. (charge-sheet has been filed for
offences under Sections 323, 325, 365 & 34 of I.P.C.)
2. Heard learned counsel for the petitioner as well as learned
Public Prosecutor.
3. Learned counsel for the petitioner has submitted that the
petitioner is innocent and has been falsely enroped in this case.
He has submitted that incident in the present case is stated to
have occurred on 15.05.2024, whereas, F.I.R. of said incident has
been lodged as late as on 17.05.2024 i.e. two days after the
incident and there is no explanation for delay forthcoming on
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record. He has also submitted that from medical report available
on record, it reveals that no injury has been caused on any vital
part of the person of injured. He has also submitted that similarly
situated co-accused Bansilal Gurjar has already been released on
bail and the case of the petitioner is on similar footings to that
against co-accused Bansilal Gurjar, who has been enlarged on bail.
He has also submitted that the petitioner is languishing in custody
since 26.08.2024. Charge-sheet has already been filed and trial
of the case is likely to take time. He has, thus, urges that further
incarceration of the petitioner in this case would not serve any
fruitful purpose. He, therefore, prays that instant bail application
may be allowed and petitioner may also be enlarged on bail.
4. Learned Public Prosecutor has produced factual report and
vehemently and fervently opposed the bail application.
5. I have given my thoughtful consideration to the submissions
advanced at bar and have gone through the material available on
record.
6. Having regard to the totality of facts and circumstances of
the case; considering the submissions advanced by learned
counsel for the petitioner and the fact that petitioner is in custody
since 26.08.2024 and co-accused Bansilal Gurjar has been
released on bail, but without commenting anything on the merits
and demerits of the case, this Court deems it just and proper to
allow instant bail application under Section 483 of B.N.S.S.
7. The present bail application is accordingly allowed and it is
directed that accused-petitioner - Shaitan Saran s/o Poluram
shall be released on bail provided he furnishes a personal bond in
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the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with
two sureties in the sum of Rs.25,000/- (Rupees Twenty Five
Thousand only) each to the satisfaction of the 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.
(BHUWAN GOYAL),J
INDER /2