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2025 DAILYLAW 27744 (RAJ)

DINESH CHAND S/O RAMRATAN v. STATE OF RAJASTHAN

CRLMB/10402/2025 · 2025-09-01

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:35030] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10402/2025 Dinesh Chand S/o Ramratan, Aged About 54 Years, R/o House No. 01, Mohalla G.t. Road, West Bewar Rural, Police Station Be- war, District Mainpuri, (U.p.) (At Present Accused Petitioner Con- fined In Central Jail Sewar, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anshul Sharma For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Virender Singh Choudhary HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 01/09/2025 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.21/2025 registered at Police Station Mathuragate, District Bharatpur for the offences punishable under Sections 316(2), 318(4) and 61(2)(a) of BNS, 2023. 2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Counsel submits that bare perusal of the FIR would reveal that civil dispute has been given colour of criminal offence. It is submitted that alleged offences are triable by Magistrate for which maximum term of sentence is seven years. It is contended that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 14.07.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by [2025:RJ-JP:35030] (2 of 2) [CRLMB-10402/2025] learned counsel for the petitioner. It is submitted that there is allegation against the petitioner of inducing the complainant to transfer money in his account in lieu of sale of plot. 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, especially considering the fact that alleged offences are triable by Magistrate, as also the fact that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion as well as 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. 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Dinesh Chand S/o Ramratan 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 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 GAUTAM JAIN /165