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2025 DAILYLAW 2140 (RAJ)

DEEPAK SAIN S/O SHRI KARAN SINGH v. STATE OF RAJASTHAN

CRLMB/1/2025 · 2025-02-04

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:4947] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1/2025 Deepak Sain S/o Shri Karan Singh, Aged About 26 Years, R/o House No. 1980, FC Colony, Daulatpur Road, Uklana Mandi, Police Station Uklalna Mandi, Hisar, Haryana. (At Present Confined At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 355/2025 Yogesh Saini S/o Hanuman Saini, Aged About 28 Years, R/o House No. 10, Bhop Ji House, Behind Saroj Cinema, Sanjay Circle, Ps Sanjay Circle, Jaipur. (Presently In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Kumar Meena for Mr. Kuldeep Sharma Mr. Jitendra Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/02/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.304/2024 registered at Police Station Brahmapuri, District Jaipur City (North) for offence punishable under Section 308(2) of BNS. Charge-sheet has been filed for offences under Sections 308(2) & 61(2)(a) of BNS. [2025:RJ-JP:4947] (2 of 3) [CRLMB-1/2025] 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. It is submitted that alleged offences are triable by Magistrate. Learned counsel contends that charge-sheet has been filed for offences punishable under Sections 308(2) BNS (384 IPC) & 61(2)(a) BNS (120B IPC). The petitioners are in custody since 29.11.2024 & 09.12.2024 and trial will take time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes submissions made by counsel for the petitioners. He submits that petitioners sent whatsapp message to complainant and demanded a ransom of Rs. 2 crores from him and in case of non-fulfillment of ransom, gave threatening to face dire consequences. It is further submitted that one case has been registered against the petitioners. 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 as also considering the fact that alleged offences are triable by Magistrate; charge-sheet has been filed; petitioners are in custody since 29.11.2024 & 09.12.2024 respectively and trial will take time in its conclusion, but without commenting anything on merits and demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Deepak Sain S/o Shri Karan Singh, & (2) Yogesh Saini S/o Hanuman Saini, shall be released on bail provided each of them shall furnish a personal [2025:RJ-JP:4947] (3 of 3) [CRLMB-1/2025] 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. However, it is made clear that the petitioners shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioners are further directed to mark their presence in the concerned police station in the first week of every month, till trial is concluded. If breach of any 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 petitioners by this Court. 8. 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 CHARU SONI /352-353