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  3. High Court Of Rajasthan/
  4. 2024/
  5. November

Mithun S/o Hemraj vs. State of Rajasthan

Decided on 29 November 2024• Citation: CRLMB/14910/2024• High Court of Rajasthan
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               [2024:RJ-JP:49153]                                                   
                     HIGH  COURT   OF JUDICATURE    FOR RAJASTHAN                   
                                    BENCH   AT JAIPUR                               
                  S.B. Criminal Miscellaneous Bail Application No. 14910/2024       
                1.    Mithun S/o Hemraj,  Aged About  27 Years, R/o Barana,         
                      Police Station Sadar Baran, District Baran. (At Present       
                      Confined In District Jail Baran)                              
                2.    Liladhar S/o Hemraj, Aged About 36 Years, R/o Barana,         
                      Police Station Sadar Baran, District Baran. (At Present       
                      Confined In District Jail Baran)                              
                3.    Hansraj S/o Sujan,  Aged About  47 Years, R/o Tulsan,         
                      Police Station Sadar Baran, District Baran. (At Present       
                      Confined In District Jail, Baran).                            
                                                              ----Petitioners       
                                          Versus                                    
                State Of Rajasthan, Through PP                                      
                                                             ----Respondent         
               For Petitioner(s)    :  Mr. Pushpender Kumar Pandey                  
               For Respondent(s)    :  Mr. Amit Punia, 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 petitioners, who have been arrested in    
               connection with FIR  No.231/2024  registered at Sadar  Baran,        
               District Baran (Raj.) for the offences punishable under Sections     
               126(2), 115(2), 352, 110 &  3(5) of BNS. During investigation,       
               offences punishable under Sections 126(1), 115(2), 118(1), 352,      
               110  &  3(5)  of BNS   have  been  found proved  against  the        
               petitioners.                                                         
               2.   It is contended by learned counsel for the petitioners that     
               the accused-petitioners have falsely been implicated in this case.   

               [2024:RJ-JP:49153]                           [CRLMB-14910/2024]      
                                          (2 of 3)                                  
               Learned counsel submits on  account of petty dispute, FIR has        
               been  registered against the petitioners. He submits that now        
               parties have resolved their dispute amicably. Petitioners are in     
               custody  since their date of  arrest. Further custody of the         
               petitioners would not serve any fruitful purpose.                    
               3.   Learned Public Prosecutor opposes the bail application.         
               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 petitioners, especially the fact that maximum term   
               of sentence of the alleged offences is seven years & parties have    
               resolved their dispute amicably; 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-petitioners – 1) Mithun S/o Hemraj, 2) Liladhar         
               S/o Hemraj   & 3) Hansraj  S/o Sujan  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 matter is transferred, on all subsequent dates of       
               hearing and as and when called upon to do so.                        
               7.   Office is directed to send copy of this order forthwith to the  
               accused petitioners through concerned Jail Superintendent. Office    
               is also directed to send copy of this order to the concerned trial   

               [2024:RJ-JP:49153]                           [CRLMB-14910/2024]      
                                          (3 of 3)                                  
               court forthwith. After receiving copy of this order, the learned trial
               court shall intimate the accused petitioner regarding this bail      
               granting order.                                                      
                                                     (ANIL KUMAR  UPMAN),J          
               GAUTAM JAIN /65