SHER SINGH @ BHOLA S/O SHRI SHATISH v. STATE OF RAJASTHAN
CRLMB/422/2025 · 2025-01-29
Praveer Bhatnagar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 3045 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3045 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 422/2025 Sher Singh @ Bhola S/o Shri Shatish, Aged About 31 Years, R/o Char Thok, Jaghina, Bharatpur, Rajasthan, P.s Udhyog Nagar, Bharatpur. (At Present Confined In Central Jail, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Yogesh Singhal for Mr. Vikram Shishwal For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 29/01/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of the accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.821/2022 registered at Police Station Mathura Gate, District Bharatpur, for the offence(s) under Sections 147, 148, 149, 302, 120B of IPC and Sections 3/25(6) and 27 of Arms Act.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated for the offences under Sections 109, 118, 147, 148, 149, 302 and 120B of IPC and Section 5/25 of Arms Act. He further submits that it is alleged against the accused-petitioner that he conspired along with other co-accused Kuldeep and Rahul to cause murder of the deceased Kripal Singh. It is submitted that there is no recovery of any incriminating material from the possession of the accused-
(2 of 3) [CRLMB-422/2025] petitioner which implicates him into the conspiracy. It is also contended that there are no credible evidence available on the record indicating the fact that the accused-petitioner was involved in conspiracy with the other co-accused to cause murder of the deceased Kripal Singh. It is also contended that the first charge- sheet was produced against the other co-accused and the matter was kept pending under Section 173(8) of Cr.P.C against the present accused-petitioner. Thereafter, another charge-sheet was submitted by the police against the other co-accused and then also the matter of the accused-petitioner was kept pending for investigation under Section 173(8) of Cr.P.C. Thereafter, the charge-sheet has been filed against the present accused petitioner. The accused petitioner is in custody since 01.08.2024 and the other co-accused against whom there was direct allegation of causing death the deceased and other similarly placed co-accused against whom there were charges for conspiracy were already enlarged on bail, and trial of the case will take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposed the bail application and contended that petitioner's call details were found with the main co-accused which shows direct connection of the accused petitioner in the conspiracy, therefore, the bail application of the accused-petitioner deserves to be dismissed. 4. Heard and perused the material available on record. 5. Considering the arguments advanced by the counsel for the parties and looking to the fact that the direct allegation of causing murder of the deceased Kripal Singh is against other co-accused,
(3 of 3) [CRLMB-422/2025] therefore, considering the above facts, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6.
Accordingly, this bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner Sher Singh @ Bhola S/o Shri Shatish in connection with FIR No.821/2022 registered at Police Station Mathura Gate, District Bharatpur, 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/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J NEERU/29