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2025 DAILYLAW 29125 (RAJ)

BHUPENDRA SINGH S/O RAMESH SINGH v. STATE OF RAJASTHAN

CRLMB/11117/2025 · 2025-09-01

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:35172] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11117/2025 Bhupendra Singh S/o Ramesh Singh, R/o Purani Chhawani, Police Station Sadar, District Dholpur, Raj. (Presently Confined At District Jail Dholpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Veerendra Singh Mr. Ankur Singh Tomar For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/09/2025 1. Instant application for bail is filed under Section 483 of BNSS by the applicant-accused Bhupendra Singh S/o Ramesh Singh in FIR No. 281/2025 dated 18.08.2025 registered at P.S. Sadar District -Dholpur, whereby the applicant-accused was charged under Sections 303(2) and 4/21 of MMDR Act. 2. The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required the [2025:RJ-JP:35172] (2 of 3) [CRLMB-11117/2025] applicant-accused will be available. He also submits that the trial will take its own time and no purpose will be served by keeping the applicant-accused in custody. 4. Learned counsel for petitioner submitted that offence is triable by Magistrate and petitioner is in custody since 20.08.2025. He further submitted that two other cases were registered against the petitioner but none of them relates to MMDR Act or Forest Act. He further submitted that a case is registered as FIR No.108/2015 and same was disposed of on 13.10.2020 and petitioner was acquitted from charge. He further submitted that another case relating to Section 13 of RPGO was disposed of on basis of fine. 5. Aforesaid contentions were opposed by learned Public Prosecutor. 6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of interception and seizure of a tractor, masonry stones was seized by police and a case has been registered. The petitioner, who was driver of tractor was arrested on 20.08.2025. The investigation is in progress. The petitioner has submitted judgment dated 13.01.2020 to submit that one criminal case shown against him is disposed of. Another case pertains to Section 13 of RPGO Act. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case [2025:RJ-JP:35172] (3 of 3) [CRLMB-11117/2025] and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 9. Thus, the instant bail application filed on behalf of applicant- accused Bhupendra Singh S/o Ramesh Singh, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /240