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2025 DAILYLAW 24492 (RAJ)

SATYENDRA GADHWAL S/O LATE SHRI HEMSINGH v. STATE OF RAJASTHAN

CRLMB/9068/2025 · 2025-08-07

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:30784] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9068/2025 Satyendra Gadhwal S/o Late Shri Hemsingh, Aged About 58 Years, R/o Gumana Ka Bas Daulatpura, Police Station Dadiya, District Sikar Rajasthan. (At Present Accused Petitioner Confined In District Jail Sikar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sumer Singh Choudhary For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/08/2025 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.159/2025 registered at Police Station Dadiya, District Sikar for the offences punishable under Sections 115(2), 126(2) and 74 of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023. Investigation is being conducted for offences punishable under Sections 115(2), 126(2), 109(1) and 3(5) of BNS, 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that petitioner has nothing to do with the alleged offence. It is submitted that in fact, FIR was lodged as a [2025:RJ-JP:30784] (2 of 3) [CRLMB-9068/2025] counterblast to earlier FIR registered under the provisions of POCSO Act, 2012 against the son of injured Surendra Singh. It is submitted that medical report of the injured Surendra would reveal that he was admitted in the hospital with the complaint that he fell from stairs at home due to which he sustained head injury. Learned counsel argues that trial will take considerable time in its conclusion. It is argued that petitioner is in custody since 01.07.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. 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 petitioner, as also considering the fact that petitioner is in custody since 01.07.2025 and trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Satyendra Gadhwal S/o Late Shri Hemsingh, shall be released on bail provided he 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 he shall appear before that Court and any court to which the matter is transferred, [2025:RJ-JP:30784] (3 of 3) [CRLMB-9068/2025] on all subsequent dates of hearing and as and when called upon to do so. 7. The observations made hereinabove are 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 /243