Akshay Gurjar @ Durgalal S/O Sukha @ Sukhdev Vs State of… — Bail and Remand | Rajasthan HC (2025)

Akshay Gurjar @ Durgalal S/O Sukha @ Sukhdev Vs State of… — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Enlargement of accused-petitioner Akshay Gurjar @ Durgalal on bail under Section 483 BNSS upon furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to marking presence before the concerned police station on the 25th of every month till conclusion of trial.

Issue for consideration

Whether the accused-petitioner Akshay Gurjar @ Durgalal, arrested for offences under Sections 332 and 353 of IPC in FIR No. 199/2022 (PS Dadabadi, Kota City) and in custody since 08.07.2024, should be enlarged on bail under Section 483 BNSS.

Court's answer

The court deemed it just and proper to enlarge the accused-petitioner on bail while expressly refraining from commenting on the merits of the case.

Ratio / Principle

The grant of bail rested on the period of incarceration, the probable time the trial would take, and the fact that the case is triable by Magistrate.

Key takeaways

The bail application under Section 483 BNSS was allowed: the accused-petitioner is to be enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Judge.ratio¶19
Bail conditions: the petitioner must mark his presence before the concerned police station on the 25th of every month till conclusion of trial, and the SHO of the concerned police station must send the presence report to the trial court every month.ratio¶20

Detailed headnote1 paragraphs

Bail granted (S.483 BNSS) - High Court of Judicature for Rajasthan, Jaipur Bench, order dated 07/01/2025 by Hon'ble Mr. Justice Praveer Bhatnagar in S.B. Criminal Miscellaneous Bail Application No. 11706/2024 [CRLMB-11706/2024]. Accused-petitioner Akshay Gurjar @ Durgalal, in custody since 08.07.2024 for offences under Sections 332 and 353 of IPC (FIR No. 199/2022, Police Station Dadabadi, District Kota City), enlarged on bail: the case is triable by Magistrate, and the period of incarceration together with the probable time for trial weighed with the court; merits expressly not commented upon, notwithstanding the Public Prosecutor's contention that the petitioner is a habitual offender with 23 registered cases. Personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each; presence to be marked before the concerned police station on the 25th of every month till conclusion of trial; SHO to forward the monthly presence report to the trial court; on breach, the Public Prosecutor may seek cancellation of bail before the concerned Magistrate.

[2025:RJ-JP:966]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 11706/2024

Akshay Gurjar @ Durgalal S/o Sukha @ Sukhdev, R/o Akhtasa, Police Station Taleda, District Bundi (Rajasthan) (At Present Confined In Central Jail Kota)

----Petitioner

	Versus
State Of Rajasthan,	Through Pp	----Respondent
For Petitioner(s)	: Mr. Mazzhar Hussain
For Respondent(s)	: Mr. Devi Singh, PP

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

07/01/2025

The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 199/2022 registered at Police Station Dadabadi, District Kota City for the offence under Sections 332 and 353 of IPC.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Offences alleged to have been committed by the petitioner are triable by Magistrate. The accused-petitioner is in custody since 08.07.2024 and chargesheet has already been produced before the concerned Court. The trial of the case may take considerable time, therefore, the petitioner may be enlarged on bail.

Per contra, learned Public Prosecutor opposes the grant of bail application and contended that petitioner is a habitual

[2025:RJ-JP:966]

[CRLMB-11706/2024]

(2 of 2)

offender and against him 23 cases under various offences have been registered, therefore his bail application deserves to be dismissed.

Heard and perused the material available on record.

Considering the period of incarceration and probable time taken in trial of the case and looking to the fact that the case of the petitioner is triable by Magistrate, without commenting anything on the merits of the case I deem it just and proper to enlarge the accused-petitioner on bail.

Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Akshay Gurjar @ Durgalal S/o Sukha @ Sukhdev, in connection with FIR No. 199/2022 registered at Police Station Dadabadi, District Kota City shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge.

The accused- petitioner is also directed to mark his presence on 25^th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Magistrate.

(PRAVEER BHATNAGAR), J

ashu /98