YOGESH KUMAR S/O SHRI ASHOK KUMAR v. STATE OF RAJASTHAN
CRLMB/3414/2025 · 2025-03-28
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 10373 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10373 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:14454] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16155/2024 Ashok Kumar S/o Prabhatilal, R/o Dhis Thana Behrod District Kotputli Behrod. (At Present Confined At District Jail Behrod). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2811/2025 Hariprasad S/o Shri Prabhatilal, R/o Dhis, Tehsil And Police Station Behror, District Kotputli-Behror. (At Present Confined In Sub Jail Kishangarh Bas). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 3414/2025 Yogesh Kumar S/o Shri Ashok Kumar, Aged About 40 Years, R/o Dhis Tehsil And Thana Behrod District Kotputli Behrod At Present S-118 Flat No. 102 Machda 4S G Tawar Harmada Akhaipura Jaipur. (At Present Confined At District Jail Behrod). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Rahim Khan Mr. Manjeet Kumar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 28/03/2025
1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.172/2024 registered at Police Station Mundawar, District Khairthal-Tijara for the offences under Sections 143, 323, 341, 452, 379, 365 & 506 of IPC. Later on, police filed
[2025:RJ-JP:14454] (2 of 3) [CRLMB-16155/2024] charge-sheet for the offences punishable under Sections 323, 341, 452, 365, 506, 307, 394 & 34 of IPC.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submit that petitioners are close relatives. It is submitted that daughter of petitioner- Ashok is married to the son of victim/complainant. It is submitted that petitioners went to the house of the victim to resolve the dispute between the injured and his son. It is submitted that alleged incident occurred in spur of the moment in which injured namely- Omprakash sustained three injuries. Counsel submit that initially, said injuries were opined as grievous in nature but later on, a letter was sent by the Investigating Officer to the medical expert asking therein whether the said injuries are dangerous to life or not and in response to the said letter, it was opined by the medical expert that injury Nos.1 & 2 are dangerous to life. Counsel submit that without any additional material, said injuries have been opined as dangerous to life. It is argued that there are no criminal antecedents against the petitioners- Ashok and Yogesh whereas one other case has been registered against the petitioner- Hariprasad in which he is on bail. Charge-sheet has been filed and trial will take considerable time in its conclusion. It is argued that petitioners- Yogesh & Hariprasad are in custody since 06.01.2025 & petitioner- Ashok is in custody since 02.12.2024 and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners.
[2025:RJ-JP:14454] (3 of 3) [CRLMB-16155/2024]
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, so also considering the material made available before me in the form of charge-sheet and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners (1) Ashok Kumar S/o Prabhatilal, (2) Hariprasad S/o Shri Prabhatilal and (3) Yogesh Kumar S/o Shri Ashok Kumar, shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. The observation made herein above is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J CHARU SONI /83-85