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2025 DAILYLAW 21357 (RAJ)

AKASH S/O MANOJ KUMAR v. STATE OF RAJASTHAN

CRLMB/7479/2025 · 2025-06-11

Anand Sharma V J

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:23078] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7170/2025 Vikas S/o Manoj Kumar, Aged About 29 Years, R/o Village Peeraka, Police Station Jaluki District Deeg (At Present Confined In Sub Jail Deeg) ---Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7479/2025 Akash S/o Manoj Kumar, Aged About 22 Years, R/o Village Piraka, Police Station Jaluki, District Deeg, State Rajasthan. (At Present In Central Jail, Bharatpur). ---Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Yogendra Singh for Mr. Rajeev Kumar Sogarwal For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANAND SHARMA (V. J.) Order 11/06/2025 These bail applications have been filed by the accused- petitioners under Section 483 of B.N.S.S. in respect of FIR No.143/2024 registered with Police Station Jalooki, District Deeg for the offence under Sections 333, 115(2), 126(2), 109(1) and 3(5) of BNS. The accused-petitioner-Akash has also been indicted for the offence under Section 3/25 of Arms Act including the aforementioned offences. [2025:RJ-JP:23078] (2 of 3) [CRLMB-7170/2025] Learned counsel for the accused-petitioners would submit that they have falsely been implicated in the FIR whereas they have not committed any offence whatsoever. The allegations levelled in the FIR of opening fire through desi katta towards the complainant- Suresh Chand; however, no injury of fire arm is received by the complainant. No specific allegation of causing any other injury has been levelled against the accused-petitioners. Learned counsel for the accused-petitioners would further submit that co-accused Ankush Kumar @ Ashish S/o Rameshwar has been enlarged on bail vide order dated 09.05.2025 passed by the Co-ordinate Bench of this Court in S.B. Criminal Miscellaneous Bail Application No.3499/2025 and the case of the petitioners is exactly similar qua the aforesaid co-accused Ankush Kumar @ Ashish S/o Rameshwar. Learned counsel for the accused-petitioners would further submit that investigation against the petitioners is complete and they are no longer required for custodial interrogation. The accused-petitioners are behind the bars since 17.03.2025. Trial of the case is likely to take considerably long time. Learned Public Prosecutor has vehemently opposed the bail applications. Considered the submissions made at Bar. 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 it just and proper to enlarge the accused-petitioners on bail. Accordingly, the bail applications are hereby allowed. The accused-petitioners-Vikas S/o Manoj Kumar and Akash S/o [2025:RJ-JP:23078] (3 of 3) [CRLMB-7170/2025] Manoj Kumar shall be released on bail in pursuance of FIR No.143/2024 registered with Police Station Jalooki, District Deeg on furnishing personal bond of Rs.1,00,000/- each along with two sureties of the like amount. That apart, the accused-petitioners shall also follow the conditions as under:- (i) They shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) They shall not leave the country without prior permission of the Court. (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence is exempted by the trial Court. In case of failure of observance of aforementioned conditions, a ground for failure of cancellation of bail, would arise. (ANAND SHARMA (V. J.)),J DIKSHA /260-261