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2025 DAILYLAW 28491 (RAJ)

SACHIN @ SHOURYA S/O SHRI DEVENDRA SINGH v. STATE OF RAJASTHAN

CRLMB/10406/2024 · 2025-01-20

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10406/2024 Sachin @ Shourya S/o Shri Devendra Singh, Aged About 21 Years, R/o Village Madarpur Police Station Udyog Nagar, District Bharatpur. ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Sushil Pujari For Respondent(s) : Ms. Arti Sharma, PP Mr. Vikram Singh Chauhan, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/01/2025 The instant pre-arrest bail application has been filed under Section 482 Cr.P.C. on behalf of the petitioner, who is having apprehension of his arrest in connection with FIR No.67/2024 registered at Police Station Udyog Nagar, District Bharatpur for the offences under Sections 143, 323, 341, 336, 447 & 504 of IPC. Learned counsel for the petitioner submits that accused- petitioner has falsely been implicated in this case. He further submits that there is no specific allegation against the petitioner. Counsel submits that in terms order dated 02.09.2024, petitioner has already joined the investigation and no fruitful purpose would be served by sending the petitioner behind the bars. He thus, prays that instant bail application under Section 482 BNSS may kindly be allowed. (2 of 2) [CRLMB-10406/2024] Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. They submit that entire incident is captured in the CCTV Camera wherein presence of the petitioner is well established alongwith other accused persons who were armed with guns. Counsel further submits that there are two criminal antecedents of the petitioner. The first case is registered for offence under Section 9/25 of the Arms Act whereas in the second case, the alleged offences are under Sections 307, 34 of IPC and therefore, the instant pre-arrest bail application may be dismissed. I have considered the contentions. As per the prosecution case, presence of the petitioner at the spot is established in the CCTV footage. The petitioner was seen along with other accused persons who were armed with guns in the CCTV footage. Further, two cases have been registered against the petitioner and thus, the petitioner has criminal antecedents. In view of above and considering the gravity of offence, I am not inclined to extend indulgence of pre-arrest bail to the accused petitioner. Accordingly, the instant bail application is dismissed. (ANIL KUMAR UPMAN),J ANANDTANWAR/259