NISHUL URF NISHU S/O SATPAL SINGH v. STATE OF RAJASTHAN
CRLMB/4204/2025 · 2025-03-28
Praveer Bhatnagar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 12898 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12898 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:14312] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4204/2025 Nishul Urf Nishu S/o Satpal Singh, Aged About 22 Years, R/o Kumha Painghor, Police Station Kumher, District Deeg (Raj.). (At Present Accused Petitioner Confined In Central Jail Bharatpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rahul Sinsinwar For Respondent(s) : Mr. Amit Kumar Gupta, PP, Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 28/03/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.752/2024 registered at Police Station Kumher, District Deeg for the offence(s) under Sections 115(2), 126(2), 190, 191(2), 303(2) and 109(1) of BNS and Section 3/25(6) of Arms Act.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the specific allegation of causing fire arm injury to injured Devraj is against the other co-accused Sachin. There are no specific allegations against the present accused- petitioner. The statement rendered by injured Devraj and Girish. It is further contended that the injured Devraj was sustained one fire arm injury, that fire arm injury is attributed to co-accused Sachin
[2025:RJ-JP:14312] (2 of 3) [CRLMB-4204/2025] and not to the present petitioner. The allegation against the accused-petitioner is omnibus in nature and not specific. It is not mentioned in the statement of eye witnesses that the accused- petitioner caused any injury to injured Devraj and Girish. The accused-petitioner is in custody since 06.11.2024 and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.
3. Learned Public Prosecutor has vehemently opposed the bail application.
4. Heard and perused the material available on record.
5. The specific allegation of causing fire arm injury to injured Devraj is attributed to other co-accused Sachin. There is no specific allegation against the present accused-petitioner, that he caused injuries to injured Devraj and Girish, therefore, considering the above facts, I deem it just and proper to enlarge the accused- petitioner on bail.
6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Nishul Urf Nishu S/o Satpal Singh, in connection with FIR No.752/2024 registered at Police Station Kumher, District Deeg, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.
7. The accused is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police
[2025:RJ-JP:14312] (3 of 3) [CRLMB-4204/2025] station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Magistrate.
(PRAVEER BHATNAGAR),J Keshav/15