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2025 DAILYLAW 30096 (RAJ)

SUNDER SINGH S/O SHRI MEGH SINGH v. THE STATE OF RAJASTHAN

CRLMB/11700/2025 · 2025-09-16

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:37951] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11700/2025 Sunder Singh S/o Shri Megh Singh, Aged About 30 Years, R/o Rajjupura, Police Station Kolari District Dholpur (Accused Is Presently Confined In District Jail Dholpur). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Manoj Kumar Avasthi For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Sunder Singh S/o Shri Megh Singh seeking bail in respect of a criminal case registered as FIR No.215/2025 dated 21.08.2025 registered at P.S. Kolari, District – Dholpur, for the offence under Sections 3/25 of Arms Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:37951] (2 of 3) [CRLMB-11700/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that a false case is registered on the basis of recovery of country made pistol and two live cartridge. He further submitted that without ensuring presence of independent witnesses, recovery is planted from present petitioner. He also submitted that two more criminal cases were registered against the petitioner and same relates to BNS. 4. Learned Public Prosecutor has vehemently opposed the bail application 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 petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 21.08.2025 on an information of an informant, Yadram ASI has reached designated place and found present petitioner in possession of a single shot 315 bore country made gun with two live cartridge. After drawing seizure memo, arrested present petitioner and registered a criminal case under Section 3/25 of Arms Act. There were two criminal cases registered as FIR Nos. 168/2025 and 209/2025 and both are pending for investigation at P.S. Kolari, Dist. Dholpur. 7. 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. [2025:RJ-JP:37951] (3 of 3) [CRLMB-11700/2025] 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 applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Sunder Singh S/o Shri Megh 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. 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 /229