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Rajasthan High Court – Jodhpur
Prahlad Kumawat vs State Of Rajasthan (2025:Rj-Jd:31006) on 15 July, 2025
[2025:RJ-JD:31006]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7304/2025
Prahlad Kumawat S/o Shri Bheru Lal, Aged About 22 Years, R/o
Aalmas, Police Station Mandal District Bhilwara, Raj.
(Presently Lodged In District Jail Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Rajendra Singh Charan
For Respondent(s) : Mr. H.S. Jodha, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
15/07/2025
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.83/2025 registered at Police Station
Hamirgarh, District Bhilwara, for offences under Sections 121(1),
132, 109(1), 3(5) of the BNS and subsequently the challan has
been filed for the offence under Sections 111(2)(b) of the BNS and
3/25, 3/35, 3/25(6) of the Arms Act including the above sections.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the present case. Learned counsel
further submits that no recovery was effected upon the present
petitioner. Learned counsel submits that the present petitioner
was traveling with the co-accused Sikander @ Lottry and he was
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[2025:RJ-JD:31006] (2 of 3) [CRLMB-7304/2025]
only sitting on the back seat of the vehicle driven by him. Learned
counsel submits that the petitioner is neither the registered owner
of the said vehicle nor he was driving it. Learned counsel further
submits that one pistol along with 10 cartus were recovered from
the said vehicle in which the petitioner was traveling with
Sikander. Learned counsel submits that the challan has already
been filed in this matter and out of the alleged offence, the
offences of Arms Act is triable by Court of Magistrate. Learned
counsel further submits that there is one previous antecedents of
the petitioner, in which the petitioner is enlarged on bail. Learned
counsel submits that the petitioner is in judicial custody since
30.04.2025 and the challan is filed on 26.06.2025 and the trial of
the case will take sufficiently long time, therefore, the benefit of
bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application and submits that one pistol and 10
cartus were recovered from the vehicle which was driven by the
co-accused Sikander and the present petitioner was traveling with
Sikander.
Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
Prahlad Kumawat S/o Shri Bheru Lal, arrested in connection
with F.I.R. No.83/2025 registered at Police Station Hamirgarh,
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District Bhilwara, shall be released on bail, if not wanted in any
other case, provided he furnishes a personal bond of Rs.50,000/-
and two sureties of Rs.25,000/- each, to the satisfaction of
learned trial court, for his appearance before that court on each &
every date of hearing and whenever called upon to do so till
completion of the trial.
(MUKESH RAJPUROHIT),J
83-Hanuman/-
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