HIMANSHU RAWAT S/O JAGDISH RAWAT v. STATE OF RAJASTHAN
CRLMB/11017/2025 · 2025-08-29
Praveer Bhatnagar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 28969 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28969 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:34749] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11017/2025 Himanshu Rawat S/o Jagdish Rawat, R/o Mauji Ki Dhani Tan Buteri, Police Station Bansur, District Kotputli-Behror. (At Present Confined In District Jail, Behror). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Krishna Singh For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 29/08/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 193/2025 registered at Police Station Bansur, District Kotputli-Behror for the offences under Sections 190, 191(2), 191(3), 109(1), 61(2)(a) and 111(2) (b) of BNS, and Sections 3/25, 3/25(6) and 5/27 of Arms Act.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that in the Parchabayan of the injured, name of the co-accused Kalu Singh has been mentioned in causing fire arm injuries to injured Ghanshyam, the name of the present petitioner is not mentioned in the FIR. The specific attribution of causing fire arm injury is against the co-accused Kalu Singh. No recovery of any weapon was made from the petitioner's possession. There is
[2025:RJ-JP:34749] (2 of 3) [CRLMB-11017/2025] no evidence on the record to show that the petitioner was present at the place of occurrence along with the other co-accused. The accused-petitioner is in custody since 30.06.2025 and there are not criminal antecedents against the accused-petitioner. No identification parade was conducted from the complainant regarding the unnamed assailants, therefore, the bail application of the accused-petitioner may be allowed.
3. Learned Public Prosecutor has vehemently opposed the bail application.
4. Heard and perused the case diary.
5. In the Parchabayan of the injured, the specific attribution of opening fire and thereafter, causing fire injuries is against co- accused Kalu Singh. In his statement recorded under Section 180 of BNSS, injured Ghanshyam has not named the present petitioner as one of the assailants. The recovery of weapon used in the crime was also effected from co-accused Kalu Singh. No recovery of any weapon was effected at the petitioner's instance. No identification parade so far has been conducted by the Investigating Agency from the date of arrest i.e. 30.06.2025 to till date. There are no criminal antecedents against the petitioner, therefore, considering the above facts, I deem it just and proper to enlarge the accused- petitioner on bail.
6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Himanshu Rawat S/o Jagdish Rawat, in connection with FIR No. 193/2025 registered at Police Station Bansur, District Kotputli- Behror, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-
[2025:RJ-JP:34749] (3 of 3) [CRLMB-11017/2025] each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.
(PRAVEER BHATNAGAR),J Keshav/171