Rohitash S/O Shri Prabhudayal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

Rohitash S/O Shri Prabhudayal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Release on bail of accused-petitioner Rohitash S/o Shri Prabhudayal (arrested in FIR No. 33/2025, P.S. Paparda, District Dausa) upon furnishing a personal bond of Rs. 50,000/- and two solvent sureties of Rs. 25,000/- each to the satisfaction of the learned trial court, with an obligation to appear before that court on all dates of hearing and as and when called upon.

Issue for consideration

Whether the accused-petitioner Rohitash, whose bail application under Section 483 of the B.N.S.S., 2023 was dismissed by the learned Additional Sessions Judge, Dausa on 01.04.2025, should be released on bail in connection with FIR No. 33/2025 (offences under Section 42 of Prisons (Rajasthan Amendment) Act, 2015 and Section 61(2) of BNS, 2023). +1 more

Court's answer

The bail application filed under Section 483 of the B.N.S.S., 2023 is allowed; the accused-petitioner Rohitash is to be released on bail on furnishing a personal bond of Rs. 50,000/- and two solvent sureties of Rs. 25,000/- each to the satisfaction of the trial court, and is required to appear before that court on all dates of hearing.

Ratio / Principle

The allegation against the petitioner is not that he supplied the SIM to the inmate from whose possession it was recovered; having regard to the facts and circumstances, and considering that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, the Court deems it proper to allow the bail application.

Detailed headnote1 paragraphs

Bail allowed — Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous Bail Application No. 5078/2025, decided 16.04.2025 by Hon'ble Mr. Justice Ashutosh Kumar. Accused-petitioner Rohitash, in custody since his arrest on 25.03.2025 in FIR No. 33/2025 (P.S. Paparda, District Dausa) for offences under Section 42 of Prisons (Rajasthan Amendment) Act, 2015 and Section 61(2) of BNS, 2023, applied for bail under Section 483 of the B.N.S.S., 2023 after the learned Additional Sessions Judge, Dausa dismissed his application on 01.04.2025. Prosecution case: during checking in Shayalawash Jail, District Dausa, a mobile phone with two SIMs (Nos. 7424875203 and 8905947346) was recovered from jail inmate Rinku, and SIM No. 8905947346 was issued in the petitioner's name. Holding that the allegation was not that the petitioner supplied the SIM to the inmate from whose possession it was recovered, and noting that the trial would take long to conclude, the Court allowed the bail application without expressing any opinion on the merits/demerits, conditioning release on a personal bond of Rs. 50,000/- and two solvent sureties of Rs. 25,000/- each, with attendance before the trial court on all hearing dates.

[2025:RJ-JP:16303]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 5078/2025

Rohitash S/o Shri Prabhudayal, Aged About 24 Years, R/o Lalpura Ki Dhani, Tan Karanpura, Police Station Lawan, District Dausa, Rajasthan.

(At Present Confined In District Jail Dausa).

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)	: Mr. Ritesh Jain, Adv. with Mr. Ramdeo Arya,Adv.
For Respondent(s)	: Ms. Arti Sharma, Dy.GA with
	Mr. Vivek Sharma,PP

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

16/04/2025

The present bail application has been filed by the accusedpetitioner under Section 483 of the B.N.S.S, 2023 against the order dated 01.04.2025 passed by learned Additional Sessions Judge, Dausa in connection with FIR No.33/2025, registered at Police Station Paparda, District Dausa for the offences punishable under Section 42 of Prisons (Rajasthan Amendment) Act, 2015 and Section 61(2) of BNS, 2023, by which the bail application of the accused-petitioner under Section 483 of the B.N.S.S, 2023 has been dismissed.

Learned counsel for the accused-petitioner submitted that as per the prosecution version, case against the present accusedpetitioner is that during checking in Shayalawash Jail, District Dausa, one mobile phone was recovered from the inmate of the

[2025:RJ-JP:16303]

[CRLMB-5078/2025]

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jail named Rinku, by which two sims were used bearing Nos. 7424875203 & 8905947346. It is found that Sim No. 8905947346 was issued in the name of present accused-petitioner Rohitash. Learned counsel also submitted that the accused-petitioner does not know that how the sim was issued in his name and reached in the Jail. The case against the present accused-petitioner under Section 42 of Prisons (Rajasthan Amendment) Act, 2015 and Section 61(2) of BNS, 2023, for which maximum sentence provided is three years. Learned counsel further submitted that the accused-petitioner was arrested on 25.03.2025 and since then, he is behind the bars. Investigation and trial will take long time to conclude, therefore, the accused-petitioner be granted benefit of bail.

On the other hand, learned Public Prosecutor vehemently opposed this bail application.

Heard learned counsel for the parties and also perused the case diary. 5. Having regard to the facts and circumstances of the case, and considering the fact that the case against the present accused-petitioner is that a sim, issued in the name of present accused-petitioner, was found in the possession of one jail inmate named Rinku. The allegation against the present accusedpetitioner is not that he supplied the sim to the culprit from whose possession the sim was recovered, therefore, in the facts and circumstances of the case as well as considering the fact that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the petitioner.

[2025:RJ-JP:16303]

[CRLMB-5078/2025]

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Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-petitioner Rohitash S/o Shri Prabhudayal , arrested in FIR No. 33/2025, registered at Police Station Paparda, District Dausa shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

(ASHUTOSH KUMAR),J

Mohita /263