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2025 DAILYLAW 14549 (RAJ)

SHEKHAR S/O BHOVAL @ BHOBAL v. STATE OF RAJASTHAN

CRLMB/4987/2025 · 2025-04-24

Pramil Kumar Mathur

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:17395] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2644/2025 1. Mahesh S/o Kamlesh, R/o Chirawal Mali, Police Station Nagar, District Deeg. (At Present Accused Petitioner Confined In Central Jail, Sewar, Bharatpur) 2. Balvant @ Sullad S/o Hansraj, R/o Village Jairoli, Police Station Tijara, District Khairthal-Tijara. (At Present Accused Petitioner Confined In Central Jail, Sewar, Bharatpur). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 4652/2025 Rishipal @ Rishpal Gurjar S/o Bhoval @ Bhobal, R/o Village Gopalgarh, Police Station Gopalgarh, District Deeg. (At Present Accused Petitioner Confined In Central Jail Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 4987/2025 Shekhar S/o Bhoval @ Bhobal, R/o Village Kasba Gopalgarh, Police Station Gopalgarh, District Deeg. (At Present Accused Petitioner Confined In Central Jail, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rahul Sinsinwar Mr. Sourabh Thathera For Respondent(s) : Mr. Jaiprakash Tiwari, PP Mr. Sikandar Singh Sakkarwal HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR [2025:RJ-JP:17395] (2 of 3) [CRLMB-2644/2025] Order 24/04/2025 1. The petitioners have preferred these bail applications under Section 483 of BNSS in FIR No.0446/2024 registered at Police Station-Pahari, District-Deeg for offences under Sections 85, 140(3), 125, 3(5) of BNS. 2. Since all the bail applications arise out of common FIR, therefore these cases are decided by a single order. 3. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record. 4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in these cases. He submits that name of the petitioners was not disclosed in the FIR. The FIR was lodged by Lekhraj, who has submitted an affidavit by stating that they do not want to prosecute any legal proceeding against the petitioners-Mahesh S/o Kamlesh and Balvant @ Sullad S/o Hansraj. In fact the daughter of the complainant-Lekhraj has married to Shekhar S/o Bhoval @ Bhobal but due to some family dispute, this FIR has been lodged. As per the FIR, there is no allegation of sexual offence and during investigation victim and her father have given in writing that there was no incident of rape so the victim did not want to undergo medical examination. Even the charge-sheet also contained the offences under Sections 363, 365, 144, 501 of BNS and Sections 16, 17 of the POCSO Act. The trial of the case may take considerable time, hence the bail applications of the petitioners may be allowed. [2025:RJ-JP:17395] (3 of 3) [CRLMB-2644/2025] 5. Learned counsel for the victim/complainant has fairly admitted that compromise has been arrived at between the parties. 6. Learned Public Prosecutor has vehemently opposed the bail applications. 7. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners. 8. Accordingly, the bail applications under Section 483 B.N.S.S. is allowed and it is ordered that the petitioners- (1) Mahesh S/o Kamlesh (2) Balvant @ Sullad S/o Hansraj (3) Rishipal @ Rishpal Gurjar S/o Bhoval @ Bhobal and (4) Shekhar S/o Bhoval @ Bhobal, R/o Village Kasba Gopalgarh shall be released on bail on their furnishing 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 court for their appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J sunita/91-93