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2025 DAILYLAW 21136 (RAJ)

BHANWARLAL @ MAYANK S/O OMPRAKASH v. STATE OF RAJASTHAN

CRLMB/7363/2025 · 2025-08-14

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:32861] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6485/2025 Ashok S/o Hanuman Lal, Aged About 24 Years, R/o Jaitpura, Po- lice Station Phulera, District Jaipur. (Presently Petitioner Is In Sub Jail, Phulera). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6707/2025 Kartar S/o Banna Ram, Aged About 19 Years, R/o Khataliyon Ki Dhani, Aasalpur, Police Station Jobner, District Jaipur At Present Lodged In The Sub Jail, Sambhar Lake ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 7040/2025 Vijendra S/o Hariram, Aged About 28 Years, R/o Sursinghpura, Police Station Phulera, District Jaipur. (Presently Petitioner Is In Sub Jail, Phulera). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 7363/2025 Bhanwarlal @ Mayank S/o Omprakash, Aged About 27 Years, R/o Gajeda Ki Dhani, Tan Dehra, Police Station Jobner, District Jaipur. (At Present Confined In Sub Jail Sambharlake, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 8577/2025 [2025:RJ-JP:32861] (2 of 5) [CRLMB-6485/2025] Rahul @ Kalora S/o Shankarlal, Aged About 21 Years, R/o Aasalpur, P.s Jobner, District Jaipur. (At Present Confined In Cen- tral Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 9677/2025 Gajendera @ Gajju S/o Laxman Lal, Aged About 23 Years, R/o Harnathpura, Police Station Phulera, District Jaipur. (Presently Petitioner Is In Sub Jail, Phulera). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Amitabh Vijaywargia Mr. Ashvin Garg Mr. Mukesh Kumar Saini Mr. Anil Kumar Jain For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 14/08/2025 1. These instant bail applications have been filed under Section 483 of BNSS., on behalf of the petitioners, who have been arrested in connection with FIR No.14/2025 registered at Police Station Jobner, District Jaipur Rural (Raj.) for the offence punishable under Sections 191(2), 191(3), 190, 115(2), 324(4) & 103(1) of BNS. After completion of investigation, police filed charge-sheet in this matter. [2025:RJ-JP:32861] (3 of 5) [CRLMB-6485/2025] 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that several persons have been named in FIR but as per charge-sheet, allegation of causing injury is appearing against only three named persons i.e., Jitender Meena, Sonu Gurjar & Vishnu Meena. They submit that no weapon has been recovered at the instance of the petitioners. Trial will take considerable time in its conclusion. Petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners. He submits that petitioners are named in FIR and they also actively participated in commission of crime. It is submitted that as per opinion of medical expert, as many as ten injuries have been found on the body of the deceased. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners especially considering the material available on record in the form of charge-sheet wherein allegation of causing injury against the aforementioned persons, so also considering the role attributed to the petitioners; trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail applications. 6. These bail applications are accordingly allowed and it is [2025:RJ-JP:32861] (4 of 5) [CRLMB-6485/2025] directed that accused-petitioners – 1) Ashok S/o Hanuman Lal, 2) Kartar S/o Banna Ram, 3) Vijendra S/o Hariram, 4) Bhanwarlal @ Mayank S/o Omprakash, 5) Rahul @ Kalora S/o Shankarlal & 6) Gajendera @ Gajju S/o Laxman Lal shall be released on bail provided each of them 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 they 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. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioner fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to them by this Court. 10. Office is directed to send copy of this order to the concerned [2025:RJ-JP:32861] (5 of 5) [CRLMB-6485/2025] SHO for necessary compliance. 11. It is also directed that petitioners will not contact the witnesses of this case in any manner. 12. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN ), J GAUTAM JAIN /75-80