Allowed

Rajkumar S/O Bhagwan Singh v. State of Rajasthan

Rajasthan HC4 Feb 2025CRLMB/13514/2024

Case brief

AI extract

What is this about?

Two bail applications under Section 483 BNSS for accused in FIR No.455/2024, Police Station Kumher, charged under Section 309(4) BNS 2023. Offence triable by Magistrate and charge-sheet filed. Court allowed bail with personal bond of Rs.50,000 each and two sureties, imposing police-station reporting conditions.

What did the court decide?

Both petitioners released on bail on personal bond of Rs.50,000 with two sureties of Rs.25,000 each, subject to periodic police-station reporting.

Rajkumar S/O Bhagwan Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

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[2025:RJ-JP:4968]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 13514/2024 Rajkumar S/o Bhagwan Singh, Aged About 45 Years, R/o Gali No. 5, Jageshwar Nagar, Nagala Padi, Police Station New Agra, (U.p.) (Presently Confined In Central Jail Bharatpur).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 155/2025 Krishna @ Govind Mishra @ Guruji S/o Prakash Mishra, Aged About 53 Years, R/o Shop No. 11/15, C-Block, Near Atd Road, Kutuv Vihar, Phase No. 1 Ps Najavgarh South West Delhi-71 At Present Mohalla Kasba And Thana Kirva District Kannoj U.p. At Present Mohalla Sitanagar Gopal, Behind Gopal Hospital, Rambagh Colony, Thana Itamdouli Agra. (Accused Petitioner Confined In Central Jail Bharatpur).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s)	: Mr. Rohit Saini for
	Mr. Sunil Kumar Singodiya
	Mr. Brij Mohan Sharma
For Respondent(s)	: Ms. Arti Sharma, PP
	Mr. Amit Kumar Gupta, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

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04/02/2025

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The instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.455/2024 registered at Police Station Kumher, District Deeg for the offence punishable under Section 309(4) of BNS, 2023.

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It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that the petitioners have been made

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[2025:RJ-JP:4968]

[CRLMB-13514/2024]

accused without any evidence. It is further submitted that alleged offence is triable by Magistrate. It is argued that charge-sheet has already been filed, there are no criminal antecedents against the petitioner Krishna @ Govind Mishra except one criminal case and trial of the case will take considerable time. It is contended that the petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. He submits that petitioner Rajkumar is a habitual offender as 39 other cases have been registered against him.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners as also looking to the fact that alleged offence is triable by Magistrate; charge-sheet has been filed and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications.

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These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Rajkumar S/o Bhagwan Singh, (2) Krishna @ Govind Mishra @ Guruji S/o Prakash Mishra, 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

[2025:RJ-JP:4968]

[CRLMB-13514/2024]

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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.

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It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and petitioner Rajkumar shall mark his presence in every week and petitioner Krishna @ Govind Mishra shall mark his presence once in every three months in the concerned police station, till trial is concluded.

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Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.

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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 petitioners by this Court.

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(ANIL KUMAR UPMAN), J

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CHARU SONI /50-51

Rajkumar S/O Bhagwan Singh v. State of Rajasthan

Case brief

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Rajkumar S/O Bhagwan Singh v. State of Rajasthan

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