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2025 DAILYLAW 30034 (RAJ)

BHEEMSAIN @ BHEEMA S/O BABULAL v. STATE OF RAJASTHAN

CRLMB/11665/2025 · 2025-09-16

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:37888] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11664/2025 Devaram @ Deva S/o Vinod, R/o Mudik Kachhpura, Tehsil Badi, Police Station, Sadar Badi, District Dholpur. (Presently Confined In Sub Jail, Bayana, District Bharatpur). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 11665/2025 1. Bheemsain @ Bheema S/o Babulal, R/o Mudik Kachhpura Badi, Police Station Sadar Badi, Dist Dholpur (Raj.) (At Present In Sub Jail, Bayana, Bharatpur). 2. Arjun Singh S/o Ramdas, R/o Mudik Kachhpura Badi, Police Station Sadar Badi, Dist Dholpur (Raj.) (At Present In Sub Jail, Bayana, Bharatpur). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rahul Sharma and Ms. Chanchal Shamra for Mr. Rajneesh Gupta Mr. Chandra Mohan Sharma Mr. V.D. Agnihotri For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/09/2025 1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Devaram @ Deva S/o Vinod, Bheemsain @ Bheema S/o Babulal and Arjun [2025:RJ-JP:37888] (2 of 4) [CRLMB-11664/2025] Singh S/o Ramdas seeking bail in respect of a criminal case registered as FIR No.63/2025 dated 11.08.2025 registered at P.S. Gadhi Bajana District - Bharatpur, for the offence under Sections 109(2), 132, 111(3) and 3(5) of BNS. 2. Learned counsels for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. They further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. They also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsels for petitioners submitted that ASI of concerned police Station has lodged a report without ensuring identification of accused but only on the basis of hearsay names. They further submitted that as per complainant, the accused, who fled from spot have fired to police but no injury was caused upon anyone and during investigation not a single empty cartridge is recovered from crime scene. They also submitted that during investigation, these petitioners were arrested by police and after arrest of petitioners on 18.08.2025 another FIR No. 66/2025 is registered under Section 9/25 of Arms Act which is sufficient to show that to implicate petitioner, a false report is registered by police. They further submitted that one case each is registered against the petitioners. [2025:RJ-JP:37888] (3 of 4) [CRLMB-11664/2025] 4. Learned Public Prosecutor has vehemently opposed the bail applications and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 11.08.2025, Rajaram ASI on the basis of information of an informant tried to act against accused and they have opened fire upon police and fled from crime scene. After registration of a report, these accused were identified and they were arrested on 18.08.2025. FIR No, 65/2025 under 3/25 of Arms Act is registered against Bhim, FIR No. 66/2025 under Section 9/25 of Arms Act is registered against Deva and FIR No. 67/2025 under Section 3/25 of Arms Act is registered against Arjun by police after their arrest. Except these cases, there is no criminal antecedents against the petitioners. Accused Devram was already granted bail in FIR No. 66/2025, by the trial court 7. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are 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 and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused. [2025:RJ-JP:37888] (4 of 4) [CRLMB-11664/2025] 8. Thus, the instant bail applications filed on behalf of applicants-accused Devaram @ Deva S/o Vinod, Bheemsain @ Bheema S/o Babulal and Arjun Singh S/o Ramdas are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish 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 applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-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 applicants-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /212-213