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2025 DAILYLAW 16513 (RAJ)

BALWANT SINGH S/O SHRI KAMAL SINGH v. STATE OF RAJASTHAN

CRLMB/5441/2025 · 2025-05-05

Ashutosh Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:18917] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR (1) S.B. Criminal Miscellaneous Bail Application No.5441/2025 Balwant Singh S/o Shri Kamal Singh, Aged About 36 Years, Resident Of Village Dabdi, Police Station Madhorajpura, District Jaipur Rural, Presently R/o Plot No 50/2018, Rajat Path, Police Station Mansarovar, Jaipur. (Presently Petitioner Is In District Jail Jaipur) ----Accused/Applicant Versus State Of Rajasthan, Through PP ----Respondent With (2) S.B. Criminal Miscellaneous Bail Application No.5481/2025 1. Rajendra Meena @ Raju S/o Shri Chetram Meena, Aged About 22 Years, R/o Flat No. 11, Koral Studio-2, Karol Ka Baag, Near D-Mart, Akashya Patra, Jagatpura, Jaipur (Raj.) (Accused Presently Confined At Central Jail Kota) 2. Balwant Singh S/o Shri Kamal Singh, Aged About 36 Years, R/o Gaon Dabadi, P.s. Madhorajpura, Distt. Jaipur Rular, Presently R/o Plot No. 50/2018, Rajat Path, P.s. Mansarovar, Jaipur (Raj.) (Accused Presently Confined At Central, Kota) ----Accused/Applicants Versus State of Rajasthan, Through PP ----Respondent For Applicants : Mr. Amitabh Vijaywargia, Adv. with Mr. Pallav Sharma, Adv. & Mr. Munesh Kumar, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. with Mr. Vivek Sharma, Addl.G.A. [2025:RJ-JP:18917] (2 of 4) [CRLMB-5481/2025] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 05/05/2025 1. As these bail applications have been filed pertaining to the same FIR, they are being heard and decided by the instant common order. 2. These bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 in the matter arising out of FIR No.147/2025, registered at Police Station Shyam Nagar, District Jaipur City (South) for the offence punishable under Section 309(6) of B.N.S., 2023 (later on for the offence punishable under Section 110 of B.N.S., 2023). 3. Mr. Sharma-learned counsel for the accused-applicant at the outset submits that due to inadvertence, the present application has been filed on behalf of the accused-applicant No.2-Balwant Singh also, when another bail application (S.B. Criminal Miscellaneous Bail Application No.5441/2025) has already been filed for him. 4. Learned counsel for the accused-applicant thus, prays for withdrawal of the bail application qua the accused-applicant No.2. 5. Permission sought for is granted. 6. Accordingly, S.B. Criminal Miscellaneous Bail Application No.5481/2025 is dismissed as withdrawn qua the accused- applicant No.2. 7. Learned counsel for the accused-applicants submit that the accused-applicants have falsely been implicated in this case. Learned counsel for the accused-applicants also submit that the [2025:RJ-JP:18917] (3 of 4) [CRLMB-5481/2025] charges levelled against the accused-applicants are for the offences punishable under Sections 110 and 309(6) of B.N.S., 2023. 8. Learned counsel for the accused-applicants argues that the accused-applicants were arrested on 11.04.2025 and since then, they are behind the bars. Learned counsel also argues that there are no other criminal antecedents against the accused-applicants and trial will take long time to conclude, therefore, both the accused-applicants may be granted benefit of bail. 9. Learned Deputy Government Advocate along with learned Additional Government Advocate vehemently oppose these bail applications. 10. Heard learned counsel for the parties and also perused the material available on record. 11. Having regard to the facts and circumstances of the case, and considering the period of custody of the accused-applicants and also considering the fact that the 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 these bail applications filed by the applicants. 12. Consequently, these bail applications filed under Section 483 of the B.N.S.S., 2023 are allowed. It is ordered that accused- applicants namely (1) Rajendra Meena @ Raju S/o Shri Chetram Meena & (2) Balwant Singh S/o Shri Kamal Singh, arrested in connection with FIR No.147/2025, registered at Police Station Shyam Nagar, District Jaipur City (South) will be released on bail; provided each of them furnishes personal bond in the sum [2025:RJ-JP:18917] (4 of 4) [CRLMB-5481/2025] of Rs.50,000/- each and two solvent attested sureties of Rs.25,000/- each to the satisfaction of the trial Court. Applicants will be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /300-S. & 173