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2025 DAILYLAW 2293 (RAJ)

YOGESH KUMAR S/O SARJEET SINGH v. STATE OF RAJASTHAN

CRLMB/48/2025 · 2025-01-07

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:772] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15532/2024 Lokesh S/o Omveer, Aged About 20 Years, R/o Badli Ki Dhani, Police Station Tatarpur, District Khairthal-Tijara, Rajasthan. (At Present Confined In Sub Jail Kotputli Distt. Kotputli-Behror) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 16111/2024 Gaurav @ Aasu S/o Shri Ratanlal, Aged About 23 Years, R/o Badli Ki Dhani, Police Station Tatarpur, District Khairthal, Tijara. (At Present Confined In Sub Jail Kotputli). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 16112/2024 Kuldeep @ Chandu S/o Rohitash, Aged About 21 Years, R/o Badli Ki Dhani, Police Station Tatarpur, District Khairthal, Tijara And Rajasthan. (The Accused Petitioner Is In Judicial Custody In District Jail Kotputali). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 48/2025 Yogesh Kumar S/o Sarjeet Singh, Aged About 24 Years, R/o Badli Ki Dhani, Police Station Tatarpur, District Khairthal Tijara Rajasthan. (The Accused Petitioner Is In Judicial Custody In District Jail Kotputli). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vikas Karwasra for Mr. Vikash Kumar Jakhar Mr. Sumer Singh Ola [2025:RJ-JP:772] (2 of 3) [CRLMB-15532/2024] Mr. Manish Gupta For Respondent(s) : Ms. Arti Sharma, Public Prosecutor HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/01/2025 1. The 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.540/2024 registered at Police Station Kotputli, District Kotputli-Behror for the offences under Sections 115(2), 127(2), 140(3), 308(2), 308(6) and 61(2)(A) of BNS, 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel further submits that the alleged incident took place three years ago and thus, there is delay in lodging the FIR. There is no explanation available on record for delayed FIR. Learned counsel further submits that the alleged offences are triable by Magistrate. Learned counsel further submits that the petitioners Lokesh, Gaurav and Yogesh Kumar do not have any criminal antecedents whereas there is only one case registered against the petitioner-Kuldeep under Sections 323, 341 and 504 IPC. Learned counsel further submits that the petitioners are in custody since 12.11.2024 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. She submits that now-a- days, such type of offences are increasing in the society. She [2025:RJ-JP:772] (3 of 3) [CRLMB-15532/2024] contends that the accused persons hatched a conspiracy in order to grab money from the complainant. 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 the fact that offences are triable by Magistrate; there is no criminal antecedents of the petitioners and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail applications. 6. This bail applications are accordingly allowed and it is directed that accused-petitioners - Lokesh S/o Omveer, Gaurav @ Aasu S/o Shri Ratanlal, Kuldeep @ Chandu S/o Rohitash and Yogesh Kumar S/o Sarjeet Singh shall be released on bail provided they furnish 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. The observation made hereinabove is only for decision of the instant bail applications and will not effect trial in any manner. (ANIL KUMAR UPMAN),J MR/304 to 307