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2025 DAILYLAW 2461 (RAJ)

SUNIL S/O HARSAHAY GURJAR v. STATE OF RAJASTHAN

CRLMB/167/2025 · 2025-02-19

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:7403] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 167/2025 Sunil S/o Harsahay Gurjar, Aged About 24 Years, R/o Nangal Chechika, Tehsil Kotputli, District Kotputli-Behror. (At Present Confined In Sub Jail Kotputli Distt. Kotputli-Behror). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vikash Kumar Jakhar For Respondent(s) For Complainant(s) : : Mr. Amit Kumar Gupta, PP Mr. Prakash Chand Yadav HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/02/2025 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.628/2024 registered at Police Station Kotputli, District Kotputli-Behror (Raj.) for the offences punishable under Sections 189(2), 115(2), 126(2) & 109(1) of BNS and Section 3/25 of Arms Act. Later on, police filed charge-sheet in this matter for the same offences. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that petitioner is not named in the FIR. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 12.12.2024. Further custody of the petitioners would not serve any fruitful purpose. [2025:RJ-JP:7403] (2 of 2) [CRLMB-167/2025] 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by the 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 the fact that petitioner is not named in the FIR; considering the material available on record in the form of case diary; charge-sheet has been filed in this matter; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner -Sunil S/o Harsahay Gurjar 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, 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 application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN), J LALIT MOHAN /108