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2025 DAILYLAW 2363 (RAJ)

VISHNU @ AJAY S/O SHRI PRABHUDAYAL v. STATE OF RAJASTHAN

CRLMB/372/2025 · 2025-03-12

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:11726] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 372/2025 1. Vishnu @ Ajay S/o Shri Prabhudayal, R/o Darukuta Mohalla, Near Church, PS Mathuragate Bharatpur (Raj.). 2. Sunny @ Jitendra S/o Shri Mahesh, R/o Near Railway Station, Near Mani Temple, Khatik Mohalla, PS Sainya Dist. Agra (U.P.). (At Present Confined In Central Jail Bharatpur) ----Accused-Petitioners Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Susheel Pujari, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/03/2025 1. Defects pointed out by the Registry are waived. 2. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.4/2024 registered at Police Station Atalbandh, District Bharatpur (Raj.) for the offences punishable under Sections 380 and 457 of IPC. Later on, Police filed charge- sheet in this matter. 3. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate. He further submits that charge-sheet has already been filed and trial of the case will take considerable time in its [2025:RJ-JP:11726] (2 of 3) [CRLMB-372/2025] conclusion. He contends that the petitioners are in custody since 25.01.2024 and further custody of the petitioners would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners and submits that petitioners are habitual offender as number of cases have been registered against them. 5. I have considered the contentions. 6. 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 alleged offences are triable by Magistrate; charge-sheet has been filed; trial will take time in its conclusion and 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. 7. This bail application is accordingly allowed and it is directed that accused-petitioners – 1. Vishnu @ Ajay S/o Shri Prabhudayal and 2. Sunny @ Jitendra S/o Shri Mahesh, 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. 8. It is made clear that the accused-petitioners shall not involve [2025:RJ-JP:11726] (3 of 3) [CRLMB-372/2025] 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, till trial is concluded. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners 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. 10. 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 them by this Court. (ANIL KUMAR UPMAN),J MADAN/C-1