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2025 DAILYLAW 2483 (RAJ)

VIRENDRA KUMAR S/O SHRI UDAIRAM v. STATE OF RAJASTHAN

CRLMB/86/2025 · 2025-01-08

Ganesh Ram Meena

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:1075] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 86/2025 Virendra Kumar S/o Shri Udairam, Aged About 39 Years, R/o Sik- ligar Mohalla, Town Sewar, Police Station Sewar, District Bharat- pur, Raj. ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Ms. Rashmi Meena For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 08/01/2025 1. The petitioner apprehending his arrest in connection with FIR No.502/2024 registered at Police Station Sewar, District Bharatpur for the offence(s) under Sections 189(2), 115(2), 126(2) and 352 of the BNS, 2023, has preferred this anticipatory bail application under Section 482 of the B.N.S.S. 2. Learned counsel for the petitioner submits that the present criminal case has been lodged by the complainant who is a Police Constable on the basis of false and fabricated facts so as to create pressure upon the accused party to get into a compromise with regard to the land dispute. Learned counsel also submits that as per the averments made in the FIR, there are no specific allega- tions against the petitioner of causing any kind of injury. The co- accused persons have been extended the benefit of bail. Learned counsel further submits that all the injuries alleged to have been [2025:RJ-JP:1075] (2 of 3) [CRLMB-86/2025] sustained by the injured/complainant are found to be simple in nature and the accused is ready to cooperate with the investiga- tion in future and no purpose would be served by sending the ac- cused in custody. 3. Learned Public Prosecutor has opposed the anticipatory bail application. 4. Learned Public Prosecutor submits that the complainant is a Police Constable and when he was leaving his residence for duty, the accused party made attack on him and inflicted 10 to 11 in- juries. He also submits that the patta of the land-in-question which he has purchased by a registered sale deed has been can- celled by the Competent Authority. However, there is an interim order of the High Court as regards the cancellation of the patta. 5. Considered the submissions made at bar and also perused the case diary. 6. Having considered the allegations against the accused- petitioner and more particularly the fact that there are no general allegations and all the injuries sustained by the complainant are simple in nature and these is an admitted fact of the dispute in between the parties as regards the plot, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to allow the anticipatory bail applications of the accused-petitioner. 7. Accordingly, this anticipatory bail application under Section 482 of the B.N.S.S. is allowed. It is ordered that in the event of arrest of the petitioner named above in connection with aforesaid FIR, he shall be enlarged on bail, provided he furnishes a personal [2025:RJ-JP:1075] (3 of 3) [CRLMB-86/2025] bond in the sum of Rs.1,00,000/-, together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/ Arresting Officer of the concerned Police Station on the following conditions:- (i) that the petitioner shall make himself avail- able for interrogation by a police officer as and when required; (ii) that the petitioner shall not directly or indi- rectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the petitioner shall not leave India without previous permission of the court. (GANESH RAM MEENA),J MR/60