RAKESH KUMAR GURJAR S/O SHRI BHERU SAHAY GURJAR v. THE STATE OF RAJASTHAN
CRLMB/10910/2025 · 2025-09-18
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 28849 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28849 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:38234] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10910/2025 Rakesh Kumar Gurjar S/o Shri Bheru Sahay Gurjar, Aged About 25 Years, R/o Raipura Bhal, Police Station Thanagazi, District Al- war (Raj.) (At Present In Central Jail, Alwar). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 11356/2025 Rajnish Gurjar S/o Shri Jairam, Aged About 20 Years, R/o Se- variya Ki Dhani, Tevdi, Police Station Virat Nagar, District Kot- putli-Behror (Raj.) (At Present Accused Petitioner Confined In Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 11357/2025 Kamlesh Urf Aasu S/o Shri Seduram, Aged About 24 Years, R/o Buja, Police Station Virat Nagar, District Kotputli Behror Ra- jasthan. (At Present Accused Petitioner Confined In Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 11894/2025 Subhash Banjara S/o Shri Rahul Banjara, Aged About 21 Years, R/o Malutana, Police Station Thanagaji, District Alwar (Raj.) (At Present Accused Petitioner Confined In Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Siyaram Sharma Ms. Gayatri Sharma Mr. Dinesh Jat Ms. Nisha Shekhawat Mr. Rajpal Yogi Mr. Rajeev Sharma Mr. Gurvindra Singh For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A.
[2025:RJ-JP:38234] (2 of 3) [CRLMB-10910/2025] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 18/09/2025
1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.165/2025 registered at Police Station Akbarpur, District Alwar (Rajasthan) for offences punishable under Sections 126(2) and 308(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023.
2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Counsel submit that perusal of the FIR would reveal that FIR has been lodged against unknown persons. Counsel submit that no evidence was available with the Investigating Agency against the petitioners before making their arrest and petitioners have been arrested solely on the basis of information received from the informer. Counsel submit that no test identification parade has been conducted in this matter and except recovery of currency notes, nothing incriminating has been recovered from the possession of the petitioners. It is contended that there are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion. Counsel submit that petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners.
4. I have considered the contentions.
[2025:RJ-JP:38234] (3 of 3) [CRLMB-10910/2025]
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially considering the material available before me in the form of case diary, as also considering the fact that no test identification parade has been conducted in this matter, so also the fact that there are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners-(1) Rakesh Kumar Gurjar S/o Shri Bheru Sahay Gurjar, (2) Rajnish Gurjar S/o Shri Jairam, (3) Kamlesh Urf Aasu S/o Shri Seduram and (4) Subhash Banjara S/o Shri Rahul Banjara shall be released on bail provided each of them 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 they 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 bail applications and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J LALIT MOHAN /159-162