Rajasthan High Court – Jodhpur
Banwari vs State Of Rajasthan (2025:Rj-Jd:28143) on 1 July, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:28143]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6177/2025
Banwari S/o Shri Ganga Ram, Aged About 28 Years, Resident Of
Mithdi, Tehsil Nava, District Didwana-Kuchaman Raj. (Presently
Lodged At District Jail Kuchaman City)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Devendra Mahlana
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
01/07/2025
1. The instant bail application has been filed by the petitioner
under Section 483 BNSS, who is in custody in connection with the
FIR No.31/2025 dated 26.01.2025 registered at the Police Station
Nawa, District Didwana-Kuchaman, for the offences under
Sections 115(2), 126(2), 140(3), 307, 308(2), 324(4), 351(3) and
304(2) of IPC.
2. The allegations levelled against the petitioner are that he,
along with the other two persons, hit the car of Suresh and
Kamlesh with a camper car from behind, dragging Suresh and
Kamlesh out of the car and beat them, snatching their Iphones
and some amount in cash, abducting Suresh and also, threatening
him of facing dire consequences if he told anyone about the said
incident.
3. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in this case and the offences which
have been alleged against the petitioner are exclusively triable by
the Court of Magistrate. Furthermore, name of the petitioner is not
present in the FIR. He also submits that the petitioner is behind
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[2025:RJ-JD:28143] (2 of 2) [CRLMB-6177/2025]
the bars since 24.04.2025 and thus, the petitioner deserves to be
released on bail.
4. Per contra, learned Public Prosecutor opposes the bail
application, however, is not in a position to refute the fact that the
offences alleged against the petitioner are triable by the Court of
Magistrate and the fact that the petitioner’s name is not present in
the FIR.
5. Having considered the submissions advanced by the learned
counsel for the parties and having regard to the entirety of facts
and circumstances of the case as available on record; and looking
to the fact that offences alleged against the petitioner are triable
by the Court of Magistrate and the fact that the petitioner’s name
is not present in the FIR; and more particularly looking to the fact
that the trial will take a long time to conclude and without
expressing any opinion on the merits/demerits of the case, this
Court deems it fit to enlarge the petitioner on bail.
6. Consequently, the bail application is allowed. It is ordered
that the accused petitioner Banwari S/o Shri Ganga Ram
arrested in connection with FIR No.31/2025 dated 26.01.2025
registered at the Police Station Nawa, District Didwana-Kuchaman,
shall be released on bail; provided he furnishes a personal bond in
the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to
the satisfaction of the learned trial Court, with a stipulation to
appear before that Court on all dates of hearing and as and when
called upon to do so.
(DR. NUPUR BHATI),J
124-/Devesh/-
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