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2025 DAILYLAW 15369 (RAJ)

ASHOK YADAV @ KHOLYA S/O KALURAM v. STATE OF RAJASTHAN

CRLMB/5070/2025 · 2025-05-30

Maneesh Sharma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:22640] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5070/2025 Ashok Yadav @ Kholya S/o Kaluram, Aged About 25 Years, R/o Kala Kua Narayanpur Thana Narayanpur District Kotputali, Bahror. (Accused In Presently Confined District Jail, Alwar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Virendra Singh, Mr. Rajendra Singh Raghav For Respondent(s) : Mr. Vivek Sharma, Addl.GA. HON'BLE MR. JUSTICE MANEESH SHARMA Order 30/05/2025 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.16/2025 registered at Police Station Basdayal, District Kotputli-Behror, for the offence punishable under Sections 109(1), 3(5) of BNS and Sections 3, 25 of Arms Act. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that after investigation, police has submitted a charge-sheet against the petitioner. He further submits that the petitioner is in judicial custody since 28.02.2025 and he is no longer required for any interrogation and the trial will take considerable time; therefore, further custody of the petitioner would not serve any fruitful purpose. Therefore, the petitioner may be enlarged on bail. [2025:RJ-JP:22640] (2 of 2) [CRLMB-5070/2025] 3. Per contra, learned Additional Government Advocate has opposed the submissions made by the learned counsel for the petitioner and submitted that the petitioner was involved in the crime, therefore, he is not entitled to be released on bail. 4. Heard and considered the contentions made by the learned counsel for the parties and perused the material available on record. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by the learned counsel for the petitioner, and also the fact that in the FIR, the accused petitioner is not named and charge-sheet has been filed against the petitioner. In the absence of any criminal antecedents and considering the period of custody, but without commenting any opinion on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. The bail application is accordingly allowed and it is directed that accused-petitioner Ashok Yadav @ Kholya S/o Kaluram 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 transferred, on all subsequent dates of hearing and as and when called upon to do so. (MANEESH SHARMA),J Seema/210