AVTAR CHABHA @ BUNTY PEHALWAN S/O RAMESH CHANDRA v. STATE OF RAJASTHAN
CRLMB/4145/2025 · 2025-03-27
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12868 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12868 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:14197] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4145/2025 Avtar Chabha @ Bunty Pehalwan S/o Ramesh Chandra, R/o Near Bhairuji Mandir Bhudoli Tehsil Neemkathana, District Sikar, Rajasthan. (At Present Confined At District Sub- Jail Neemkathana) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nikhil Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 27/03/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.392/2024 registered at Police Station Khandela, District Sikar for the offences punishable under Sections 109(1), 308(2) & 3(5) of BNS and Sections 3/25 & 27 of Arms Act. Later on, police filed charge-sheet for the offences punishable under Sections 109(1), 308(2), 61(2)(a), 111(3), 333 & 3(5) of BNS and Sections 3/25(6) & 27 of Arms Act.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that it is a case of no injury as no person has sustained any injury. It is submitted that other co-accused persons have been granted bail by learned trial court. Learned
[2025:RJ-JP:14197] (2 of 3) [CRLMB-4145/2025] counsel contends that there is one criminal antecedent of the petitioner. It is contended that petitioner is in custody since
05.02.2025. Further custody of the petitioner would not serve any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that there is allegation against the petitioner to open fire in the hotel of the complainant. 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 petitioner as also considering the fact that it is a case of no injury; petitioner is in custody since 05.02.2025; charge-sheet has been filed and trial will take time in its conclusion, 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-petitioner - Avtar Chabha @ Bunty Pehalwan S/o Ramesh Chandra, shall be released on bail provided he 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 he shall appear before that Court and any Court to which the matter is
[2025:RJ-JP:14197] (3 of 3) [CRLMB-4145/2025] transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9.
If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. (ANIL KUMAR UPMAN), J CHARU SONI /247