Balkishan @ Ballu Prajapat S/O Shri Gyanchand Prajapat Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 474/2025

Balkishan @ Ballu Prajapat S/o Shri Gyanchand Prajapat, Aged About 24 Years, R/o Madanpura Police Station Udalpur District Devariya U.p. At Present R/o As A Tenant Sector 05 Pratap Nagar, Police Station Sanganer, Jaipur East (At Present Confined In Centre Jail Jaipur).

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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. Vinod Kumar Sharma For Respondent(s) : Mr. N. S. Dhakar, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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14/02/2025

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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.585/2024 registered at Police Station Sanganer, District Jaipur City (East) (Rajasthan) for the offences punishable under Sections 305(a) & 331(3) of BNS. Investigation is being conducted for the offences punishable under Sections 305(a) & 331(3) of BNS.

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Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. Counsel submits that alleged offences are triable by Magistrate. Counsel further submits that charge-sheet has been filed in this matter. Counsel submits that co-accused namely Sanjay Mahawar & Lakhan Jatav @ Bhola have been granted benefit of bail by learned trial Court vide order dated

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24.12.2024. Counsel submits bail has been denied to the petitioner solely on the basis of other pending cases against the petitioner. Petitioner is in custody since 16.12.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submit that petitioner is habitual offender and eight other cases have been registered against the petitioner.

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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 petitioner, as also the fact that alleged offences are triable by Magistrate; co-accused namely Sanjay Mahawar & Lakhan Jatav @ Bhola have been granted benefit of bail by learned trial Court; charge-sheet has been filed in this matter; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioner Balkishan @ Ballu Prajapat S/o Shri Gyanchand Prajapat 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

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called upon to do so.

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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 in first week of every month in the concerned police station.

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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 him by this Court.

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Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.

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(ANIL KUMAR UPMAN),J

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LALIT MOHAN /425

Balkishan @ Ballu Prajapat S/O Shri Gyanchand Prajapat v. State of Rajasthan

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Balkishan @ Ballu Prajapat S/O Shri Gyanchand Prajapat v. State of Rajasthan

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