ABHISHEK SHARMA S/O GOVIND SHARMA v. STATE OF RAJASTHAN
CRLMB/5059/2025 · 2025-05-14
Ashutosh Kumar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 15225 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15225 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:20400] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
1. S.B. Criminal Misc. Bail Application No. 5059/2025 Abhishek Sharma S/o Govind Sharma, R/o Bajriya Road, Dholpur, Police Station Nihalganj, District Dholpur. Then Junior Assistant, Office Of District Probation And Social Welfare Department, Dholpur. (At Present Confined At Jail, Dholpur). ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent Connected With
2. S.B. Criminal Misc. Bail Application No. 5860/2025 Shailendra Singh S/o Dharam Singh, Aged About 32 Years, R/o Jagdmaba Colony, Saipau, Dholpur, At Present Senior Assistant, Office Of District Examiner And Social Welfare Department, Dholpur, Rajasthan. (Accused In Central Jail, Bharatpur). ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Rajesh Goswami, Adv. with Mr. Shiv Kumar Jangir, Adv. Mr. Ripudaman Singh, Adv. For Respondent(s) : Mr. Vivek Sharma, Addl. G.A.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 14/05/2025
1. As both the bail applications have been filed against the order of dismissal of bail applications of the present accused- applicants pertaining to the same FIR, they are being heard and decided by the instant common order.
2. The present bail applications have been filed by the accused-applicants under Section 483 of the B.N.S.S, 2023 against
[2025:RJ-JP:20400] (2 of 3) [CRLMB-5059/2025] the orders dated 02.04.2025 & 01.04.2025 passed by learned Special Judge, Prevention of Corruption Act, Bharatpur in connection with FIR No.73/2025, registered at Police Station C.P.S. Jaipur, Anti Corruption Bureau for the offences punishable under Section 7 of Prevention of Corruption Act, 1988 (Amended by Section 16 of 2018 Act) (for short 'Act of 1988') and Section 61 (2) of BNS, 2023, by which the bail applications of the accused- applicants under Section 483 of the B.N.S.S, 2023 have been dismissed.
3.
Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in these matters.
Learned counsel argues that the money has not been recovered from the possession of either of the accused-applicants and the same was recovered from diary which was kept on the table in the office of the accused-applicants. Learned counsel also argues that the case of the prosecution is that the accused-applicants demanded Rs.2,000/- in lieu of arranging the documents of Scooty to the complainant. Learned counsel contends that the accused- applicants were arrested on 25.03.2025 and since then, they are behind the bars and trial will take long time to conclude. Learned counsel further contends that there is no requirement of any custodial interrogation, therefore, the accused-applicants be enlarged on bail.
4.
Learned counsel for the accused-applicants placed reliance on the judgment of the Hon'ble Supreme Court in case of Mohan Singh Vs. Union Territory, Chandigarh; reported in (1978) 2 SCC 366 and the judgment passed by the Co-Ordinate Bench of this Court in case of Vijay Kumar Singhal Vs. State of
[2025:RJ-JP:20400] (3 of 3) [CRLMB-5059/2025] Rajasthan & Anr. (S.B. Criminal Misc. Petition No.5351/2023), decided on 07.10.2024.
5. On the other hand, learned Public Prosecutor opposes the bail applications and submits that serious charges under Section 7 of Act of 1988 and Section 61(2) of BNS, 2023 have been filed against the accused-applicants, therefore, the bail applications of the accused-applicants should be rejected.
6. Heard learned counsel for the parties and also perused the material available on record.
7. Having regard to the facts and circumstances of the case; considering the facts that the accused-applicants were behind the bars since 25.03.2025; that the investigation and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail applications filed by the accused-applicants.
8. Consequently, the bail applications filed under Section 483 of the B.N.S.S, 2023 are allowed. It is ordered that accused- applicants namely; 1. Abhishek Sharma S/o Govind Sharma &
2. Shailendra Singh S/o Dharam Singh, arrested in FIR No. 73/2025, registered at Police Station C.P.S. Jaipur, Anti Corruption Bureau shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court.
9. The Accused-Applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(ASHUTOSH KUMAR),J Mohita/264-265-S