Allowed

Nikhil Triphati S/O Shri R.K. Triphati, v. State of Rajasthan

Rajasthan HC13 Jan 2025CRLMP/8361/2024

Case brief

AI extract

What is this about?

In an S.B. Criminal Miscellaneous Petition, the Rajasthan High Court allowed the petitioner's application under Section 72(2) of the BNSS, 2023, converting arrest warrants into bailable warrants. The court held the petitioner ready for trial involving triable offences and directed the standing warrant be recalled.

What did the court decide?

Application under Section 72(2) of BNSS, 2023 allowed to convert arrest warrants into bailable warrants; standing warrant recalled; petitioner directed to appear for bail.

Nikhil Triphati S/O Shri R.K. Triphati, Vs State of… — Bail and Remand | Rajasthan HC (2025)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 8361/2024

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Nikhil Triphati S/o Shri R.K. Triphati, Aged About 50 Years, R/o 48-D- Dilshad Garden, Delhi- 11095.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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M/s Rajasthan Land Developers, Through Its Director Sh. Prabhu Lal Chopra Reg Office Address69/4, Near Dhanwantari Hospital, Mansarover, Jaipur. Resident Address- Village Ganpatpura, Chok No.1, Tehsil Sanganer, Jaipur- 302020.

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----Respondents

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For Petitioner(s) : Mr. Shashank Pancholi For Respondent(s) : Mr. Jitendra Singh Rathore, PP

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JUSTICE ANOOP KUMAR DHAND

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Order

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13/01/2025

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Learned counsel for the petitioner submits that the petitioner has confined his prayer to the extent of prayer No.'C' made in the petition. Counsel submits that a chargesheet for the offence under Section 420 and 506 IPC was submitted against the petitioner under Section 299 Cr.P.C. Counsel submits that the petitioner was very much available but without making any efforts, straightaway warrants under Section 37 of the Police Act were taken and thereafter, the petitioner was treated as absconder. Counsel submits that no documentary evidence has been annexed with the charge-sheet about the efforts taken by the Police to apprehend the petitioner. Counsel submits that the

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[CRLMP-8361/2024]

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(2 of 2)

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petitioner is ready and willing to face the trial that is why an application under 72(2) of BNSS, 2023 (Section 70(2) Cr.P.C) was submitted for converting the arrest warrants issued against him into bailable warrants. Counsel submits that the said application filed by the petitioner has been rejected by the learned Trial Judge vide impugned order dated 24.09.2024, hence, under these circumstances, interference of this Court is warranted.

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Per contra, learned Public Prosecutor opposed the prayer.

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Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that the petitioner is ready to face trial and the alleged offences are triable by the Magistrate, the application for converting the arrest warrants into bailable warrants, filed by the petitioner, stands allowed.

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The petitioner is directed to appear before the Trial Court on the next date. In case, the petitioner appears before the Trial Court, the Trial Court shall release the petitioner on bail after taking his personal and surety bonds. The standing warrant issued against the petitioner stands recalled.

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In view of the above observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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KuD/154

Nikhil Triphati S/O Shri R.K. Triphati, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nikhil Triphati S/O Shri R.K. Triphati, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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