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2025 DAILYLAW 23997 (RAJ)

JATIN @ BAALI S/O SHRI BHEEL SINGH v. STATE OF RAJASTHAN

CRLMB/8956/2025 · 2025-08-07

Praveer Bhatnagar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:30495] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6690/2025 Tushar Kumar @ Chiku S/o Sujan Singh, R/o Pipli, Police Station Mundawar, District Khairthal Tijara. (At Present Confined In Sub Jail Kishangarhbas District Alwar). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8956/2025 Jatin @ Baali S/o Shri Bheel Singh, Aged About 36 Years, R/o Pipli, Police Station Mundawar, District Khairthal Tijara, At Presently Residies Makan Number 463, Ground Floor Sahibabaad, Daulatpur, District North West Delhi. (At Present Confined In District Jail Kishangarh). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rahul Sinsinwar, Mr. Manish Kumar For Respondent(s) : Mr. Shree Ram Dhakar, PP, Mr. Sanjay Yadav for complainant HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/08/2025 1. These instant bail applications have been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.164/2025 registered at Police Station Mundawar, District Khairthal-Tijara for the offence(s) under Section 326(g) of BNS. [2025:RJ-JP:30495] (2 of 3) [CRLMB-6690/2025] 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that prima-facie offence under Section 326(g) of BNS is not made out against the accused-petitioners as police has not collected any substantive evidence which shows that the accused-petitioners have caused fire in the shop of the complainant. There is no evidence to the fact, apart from the complaint, that the petitioners threatened the complainant to bear the dire consequences and of causing fire in the shop. The accused-petitioners are in custody since 12.04.2025 and the trial of the case may take considerable time, there are no criminal antecedents against the accused-petitioners, therefore, these bail applications of the accused-petitioners may be allowed. 3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed these bail applications. It is contended by learned counsel for the complainant that prior to the incident both the petitioners came to the shop of the complainant and threatened the complainant that they would cause fire in his shop. It is also contended that the complainant suffered loss of Rs.8,00,000/- due to the fire caused in his shop, therefore, considering the above facts, the bail application of the accused-petitioners may be dismissed. 4. Heard and perused the material available on record. 5. Considering the arguments advanced by learned counsel for the petitioners and looking to the fact that the accused-petitioners are in custody since 12.04.2025 and the trial of the case may take considerable time, there are no criminal antecedents against the accused-petitioners, without commenting anything on the merits [2025:RJ-JP:30495] (3 of 3) [CRLMB-6690/2025] of the case, I deem it just and proper to enlarge the accused- petitioners on bail. 6. Accordingly, these bail applications under Section 483 BNSS are allowed and it is ordered that the accused-petitioners namely: 1. Tushar Kumar @ Chiku S/o Sujan Singh and 2. Jatin @ Baali S/o Shri Bheel Singh, in connection with FIR No.164/2025 registered at Police Station Mundawar, District Khairthal-Tijara, shall be enlarged on bail provided both of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR), J Keshav/102-103