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2025 DAILYLAW 12905 (RAJ)

BANWARI S/O HARI SINGH v. STATE OF RAJASTHAN

/4482/2025 · 2025-05-14

Ashutosh Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:20402] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4482/2025 Banwari S/o Hari Singh, Aged About 20 Years, R/o Dabak, Police Station Kaithwada, District Deeg. (At Present Confined In Central Jail, Bharatpur). ----Accused/Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant : Mr. Aslam S. Khan, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. Mr. Rahul Sinsinwar, Adv. (for the complainant) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 14/05/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S., 2023 against the order dated 18.03.2025 passed by learned Additional District and Sessions Judge, Nagar, District Bharatpur in Bail Application No.138/2025 arising out of FIR No.34/2025, registered at Police Station Kaithwada, District Deeg for the offences punishable under Sections 115(2), 109(1) and 3(5) of B.N.S., 2023 by which the bail application of the accused-applicant under Section 483 of B.N.S.S., 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel also submits that there is no previous enmity of [2025:RJ-JP:20402] (2 of 3) [CRLMB-4482/2025] the accused-applicant with the injured-Mehboob, therefore, there was no reason for the accused-applicant to cause gun-shot injury to the injured-Mehboob. 3. Learned counsel for the accused-applicant contends that in this matter, charge-sheet has already been filed and trial will take long time to conclude. Learned counsel also contends that since 15.02.2025, the accused-applicant is behind the bars, therefore, the accused-applicant be granted benefit of bail. 4. Learned Additional Government Advocate along with learned counsel appearing on behalf of the complainant while vehemently opposing this bail application, contends that two other criminal cases have also been found to be registered against the present accused-applicant. It is also contended that allegation of causing gun-shot injury on the back of the injured-Mehboob is against the present accused-applicant and this injury has been found to be grievous in nature and the complainant was hospitalized and operated for this exit wound and he is still lying in the bed. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Having regard to the facts and circumstances of the case and the fact that the allegation of causing gun-shot injury on the back of the injured is attributed to the present accused-applicant, but without expressing any opinion on the merits/demerits of the case, at this stage, this Court is not inclined to enlarge the present accused-applicant on bail. [2025:RJ-JP:20402] (3 of 3) [CRLMB-4482/2025] 7. Consequently, this bail application filed by the accused- applicant under Section 483 of B.N.S.S., 2023 is dismissed. Any pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /263-S.