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2025 DAILYLAW 18543 (RAJ)

DILAWAR S/O SHRI KANCHAN SINGH v. STATE OF RAJASTHAN

CRLMB/6207/2025 · 2025-09-09

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:37230] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6207/2025 Dilawar S/o Shri Kanchan Singh, Aged About 48 Years, R/o Naswara, Police Station Halena, District Bharatpur, Presently Resident Of Ashok Vihar Colony Subhash Nagar, Police Station Kotwali, District Bharatpur (Raj.). (The Accused Petitioner Presently Confined District Jail, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abhishek B. Sharma For Respondent(s) : Ms. Arti Sharma, PP Mr. Rajeev Kumar Sogarwal with Mr. Manoj Kumar Mr. Harendra Singh with Mr. Shubham Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Dilawar S/o Shri Kanchan Singh seeking bail in respect of a criminal case registered as FIR No.211/2025 dated 11.04.2025 registered at P.S. Mathuragate, District - Bharatpur, for the offence under Sections 189(2), 221, 224, 225, 232(1) and 132 of BNS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the [2025:RJ-JP:37230] (2 of 4) [CRLMB-6207/2025] jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that complainant is a legal expert and converting small altercation to a bigger incident, the instant report is registered by complainant. He further submitted that the allegations against petitioner are triable by Magistrate First Class. He further submitted that present petitioner is in custody since 11.04.2025 and charge-sheet has been filed. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Learned counsel for complainant has also opposed the bail application and submitted that petitioner is facing a case pertaining to sessions trial and they have tried to influence the Public Prosecutor so that case of prosecution becomes weak and when Public Prosecutor has refused, then he was threatened. He further submitted that this is a case relating to affecting administration of justice. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On the basis of complaint dated 11.04.2025 lodged by Bhagat Singh, Additional Public Prosecutor appointed in the court of ADJ No.2, Bharatpur a report for assault by 4-5 persons led by petitioner and intimidation by showing pistol [2025:RJ-JP:37230] (3 of 4) [CRLMB-6207/2025] with threat to kill, is registered. During investigation, present petitioner is arrested on 11.04.2025 and a charge-sheet has been filed against him. The material on record indicated that petitioner is facing sessions case No, 02/2022 arising out of FIR No.533/2021 registered at P.S. Kotwali, Bharatpur under Sections 147, 148, 149, 452, 302, 120B IPC and 3/25(6) of Arms Act. Present petitioner was released on bail in said sessions case titled as State Vs. Lakhan Sharma and Ors. whereas complainant Bhagat Singh is Additional Public Prosecutor and conducting prosecution against petitioner accused. Learned Sessions Judge while dismissing the bail application of present petitioner has referred said sessions case and further acts of present petitioner. 8. Any intimidation or threat by any accused to any Public Prosecutor during a criminal trial is a serious offence. Herein intimidation is with intent to deter the Public Prosecutor from performing his official duties. The act of present petitioner is sufficient to show that accused has challenged the independence of administration of justice. 9. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 10. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. [2025:RJ-JP:37230] (4 of 4) [CRLMB-6207/2025] 11. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Dilawar S/o Shri Kanchan Singh is hereby dismissed. (ASHOK KUMAR JAIN),J PREETI VALECHA /02