[2024:RJ-JP:49309]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11225/2024
Vikram @ Laden S/o Hansraj, R/o Pahadi, Police Station Behror,
District Kotputli-Behror (Rajasthan) (At Present Confined In
Central Jail Alwar, District Alwar).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vijay Singh
For Respondent(s) : Mr. Devi Singh, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
29/11/2024
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.373/2022 registered at Police Station
Behror, District Bhiwadi (Raj.) for the offences punishable under
Sections 386 of IPC.
2. It is contended by learned counsel for the petitioner that the
accused-petitioner has falsely been implicated in this case.
Counsel submits that the alleged offence is triable by Magistrate.
Counsel submits that victim of this case has already resolved the
dispute with the petitioner which is evident from the order dated
29.08.2024 passed by Additional District & Sessions Judge, No.2,
Behror, District Alwar in bail application No.304/2024. Counsel
submits that charge-sheet has been filed in this matter. Petitioner
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(2 of 3)
is in custody since 27.06.2024. Further custody of the petitioner
would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
the counsel for the petitioner. He submits that petitioner is
habitual offender and 30 other cases have been registered against
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, especially the fact that victim of this
case has resolved the dispute amicably with the petitioner;
charge-sheet has been filed in this matter; looking to the custody
period, but without commenting anything on the merits/demerits
of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed
that accused-petitioner Vikram @ Laden S/o Hansraj 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.
7. It is made clear that the accused-petitioner shall not involve
in any other offence(s) during currency of the bail and he shall
mark his presence on first Monday of every month in the
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(3 of 3)
concerned police station.
8. 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.
9. 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.
10. The observations 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 /214