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2025 DAILYLAW 21312 (RAJ)

MUKESH KUMAR SHARMA S/O LAXMINARAYAN SHARMA v. STATE OF RAJASTHAN

CRLMB/7395/2025 · 2025-08-01

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:29422] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7395/2025 Mukesh Kumar Sharma S/o Laxminarayan Sharma, Aged About 39 Years, R/o Village Bilochi, Police Station Daulatpura, District Jaipur, Rajasthan. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Chitrank Sharma with Mr. Ananth Shekhar Sharma For Respondent(s) For Complainant(s) : : Mr. N.S Dhakar, PP Mr. Tapesh Agarwal, PP Ms. Sonia Gill HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 01/08/2025 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.87/2025 registered at Police Station Vishwakarma, District Jaipur for the offence punishable under Section 318(4), 316(2) and 61(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. It is submitted that alleged offences are triable by Magistrate. It is submitted that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 17.05.2025 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:29422] (2 of 2) [CRLMB-7395/2025] 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by learned counsel for the petitioner. 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 petitioner, especially considering the material available on record in the form of charge-sheet, there are no criminal antecedents against the petitioner and trial will take considerable 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 application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner– Mukesh Kumar Sharma S/o Laxminarayan Sharma, 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. 7. The observations made hereinabove are 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 DIKSHA MISHRA /189