Rajasthan High Court – Jodhpur
Naresh Palliwal vs State Of Rajasthan (2025:Rj-Jd:33897) on 1 August, 2025
[2025:RJ-JD:33897]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8968/2025
Naresh Palliwal S/o Bhawanishankar Palliwal, Aged About 45
Years, R/o 46A, Sajjannagar, P.S. Ambamata, District Udaipur.
(At Present Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Abhishek Charan
For Respondent(s) : Mr. Hanuman Prajapati, Public
Prosecutor
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
01/08/2025
The instant application for bail under Section 483 of BNSS
(439 of Cr.P.C.) has been filed by the petitioner who has been
arrested in connection with F.I.R. No.121/2025, registered at
Police Station Sukher, District – Udaipur, for the offences under
Sections 111(2)(b), 111(3), 111(6), 140(2), 308(2), 308(3),
308(4), 318(2), 318(4) & 61(2)(a) of the BNS.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that except the
offences under Sections 111(2)(b), 111(3) & 111(6) of BNS, all
the offences alleged to have been committed by the petitioner are
triable by court of Magistrate and the petitioner has been falsely
implicated in this case only on the basis of his previous criminal
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[2025:RJ-JD:33897] (2 of 3) [CRLMB-8968/2025]
antecedents. As per the prosecution, the role of the petitioner in
this case is that he got executed an agreement to sell in his favour
of a land which belong to one Pushkar Dangi. It is submitted that
in the FIR, the main allegations are levelled against co-accused
Deelip Nath. Learned counsel for the petitioner has drawn
attention of this Court towards the order dated 17.07.2025,
passed by this Court in S.B. Criminal Misc. Bail Application
No.5378/2025, whereby this Court has enlarged the co-accused
Naresh S/o Premdas on bail. It is submitted that the petitioner is
in judicial custody since 15.04.2025, the charge-sheet has already
been filed 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 opposed the bail
application and submitted that the petitioner is having 14 previous
criminal antecedents against him, therefore, he may not be
enlarged on bail.
Having considered the rival submissions, facts and
circumstances of the case; the petitioner is in judicial custody
since 15.04.2025, the charge-sheet has already been filed and the
trial of the case will take sufficiently long time, 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 of Cr.P.C.) is allowed. It is ordered that the accused-
petitioner Naresh Palliwal S/o Bhawanishankar Palliwal,
arrested in connection with F.I.R. No.121/2025, registered at
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[2025:RJ-JD:33897] (3 of 3) [CRLMB-8968/2025]
Police Station Sukher, District – Udaipur, 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.
In addition to the above, the petitioner is directed to appear
before the concerned Police Station in the first week of every
quarter of the year and mark his presence.
It is made clear that if the petitioner indulges in any similar
kind of criminal activity, the learned Public Prosecutor shall be free
to file an application for cancellation of bail.
(MUKESH RAJPUROHIT),J
5-Ramesh/-
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