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2025 DAILYLAW 20061 (RAJ)

HARDIK PARASHAR S/O TEJKUMAR v. STATE OF RAJASTHAN

CRLMB/6944/2025 · 2025-06-11

Anand Sharma V J

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:23065] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6944/2025 Hardik Parashar S/o Tejkumar, Aged About 21 Years, R/o 18, Parashar Mohalla, P.s Kotwali, District Bharatpur. (Presently Confined In Central Jail Jaipur). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Ashvin Garg For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy. GA HON'BLE MR. JUSTICE ANAND SHARMA (V. J.) Order 11/06/2025 1. This bail application has been filed by the accused-petitioner under Section 483 of BNSS in respect of FIR No. 251/2025 registered at Police Station Kho Nagoriyan, District Jaipur City (East) for the offences punishable under Sections 310(4), 310(5) & 310(6) of BNS and under Sections 4/25 & 3/25 of Arms Act. 2. Learned counsel for the accused-petitioner submits that the allegations levelled in FIR are frivolous and incorrect and he has falsely been implicated by the Police Authorities. Learned counsel further submits that he was taken in illegal custody by the Police Authorities on 28.04.2025 and as per FIR, the alleged incident is said to have taken place on 29.04.2025. It has also been submitted that even before the Court of learned Additional Sessions Judge No.5, Jaipur Metropolitan-I, an application was moved for producing the CCTV recording of 28.04.2025 & [2025:RJ-JP:23065] (2 of 3) [CRLMB-6944/2025] 29.04.2025 however, the Police Authorities have not placed the CCTV recording under the pretext that on account of electricity cut, the CCTV recording could not be taken. Learned counsel further submits that the Police Authorities have intentionally deleted the CCTV recording. Even otherwise, the allegations are simply of making preparation and actual offences have never taken place. Counsel also submits that there is no criminal antecedents against the accused-petitioner and he is behind the bars since 28.04.2025, albeit, actually shown to be arrested on 29.04.2025. Recovery of 'desi katta' shown against the accused- petitioner is falsely planted by the Police Authorities. He is not required for custodial interrogation and nothing more is to be recovered from him. Trial is likely to take considerably long time. Therefore, the accused-petitioner may be allowed to enlarge on bail. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. Taking into consideration, the overall facts and circumstances of the case, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the petitioner on bail. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Hardik Parashar S/o Tejkumar shall be released on bail in pursuance of FIR No. 251/2025 registered at Police Station Kho Nagoriyan, District Jaipur City (East) on [2025:RJ-JP:23065] (3 of 3) [CRLMB-6944/2025] furnishing a personal bond of Rs. 1,00,000/- along with two sureties of the like amount. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. 7. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA (V. J.)),J DIVYA /221