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2025 DAILYLAW 12097 (RAJ)

MAHESH CHAND S/O KISHAN SINGH v. STATE OF RAJASTHAN

CRLMB/3926/2025 · 2025-04-02

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:14777] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3926/2025 1. Mahesh Chand S/o Kishan Singh, Aged About 39 Years, R/o Nagla Chatarsal, Police Station Halena District Bharatpur Rajasthan. (At Present Confined Sub District Jail, Bayana District Bharatpur Raj.) 2. Narendra Singh S/o Kishan Singh, Aged About 34 Years, R/o Nagla Chatarsal, Police Station Halena District Bharatpur Rajasthan. (At Present Confined Sub District Jail, Bayana District Bharatpur Raj.) 3. Jogendra Singh S/o Kishan Singh, Aged About 29 Years, R/o Nagla Chatarsal, Police Station Halena District Bharatpur Rajasthan. (At Present Confined Sub District Jail, Bayana District Bharatpur Raj.) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. R.R. Goyal for Mr. R.B. Sharma Ganthola For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 02/04/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.18/2025 registered at Police Station Halena, District Bharatpur (Rajasthan) for the offences punishable under Sections 189(2), 115(2), 126(2), 74, 329(4) & 303(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. Later on, police filed charge-sheet in this matter for the offences punishable [2025:RJ-JP:14777] (2 of 3) [CRLMB-3926/2025] under Sections 115(2), 126(2), 117(2), 110, 125, 352 & 3(5) of BNS, 2023. 2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Counsel submits that none of the injuries sustained by the injured persons have been opined as dangerous to life. Counsel submits that there are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion. Petitioners are in custody since 04.03.2025 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 and submits that both the injured persons have sustained one grievous injury each out of the two injuries sustained by them. 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, material made available in the form of charge-sheet, so also considering the fact that there are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioners – (1) Mahesh Chand S/o Kishan Singh, (2) Narendra Singh S/o Kishan Singh and (3) [2025:RJ-JP:14777] (3 of 3) [CRLMB-3926/2025] Jogendra Singh S/o Kishan Singh 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 observations made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /258