HARGYAN SINGH GURJAR S/O BHAJAN SINGH GURJAR v. STATE OF RAJASTHAN
CRLMB/404/2025 · 2025-02-21
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3058 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3058 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:8069] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 404/2025 Hargyan Singh Gurjar S/o Bhajan Singh Gurjar, R/o Pancholi, District Dausa At Present Sawai Karamchari, Nagar Nigam Heritage, Jaipur (Raj.) (At Present Confined In Central Jail, Jaipur (Raj.). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. M.K. Kaushik, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 21/02/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.303/2024 registered at Police Station C.P.S. Jaipur, District ACB District for the offence punishable under Section 7 of Prevention of Corruption (Amendment) Act, 1988. Later on, after completion of investigation, Police has filed charge- sheet in this matter in the court concerned.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that as per the prosecution case, the petitioner herein demanded brief of Rs.1,00,000/- from the complainant Mohd. Qureshi in lieu of proceedings got conducted by co-accused Smt Seema Choudhary, Deputy Commissioner,
[2025:RJ-JP:8069] (2 of 3) [CRLMB-404/2025] Nagar Nigam, Amer Hawamahal Zone on the complaint letter filed by him regarding encroachment done by one Subhash Gupta. He further submits that as per the prosecution case, he was apprehended by the ACB team while he was returning Rs.30,000/- (part of the bribe money) to the complainant. It is argued that the false allegations have been levelled against him. The petitioner is a low-paid employee (sweeper), who in no manner was able to effect the work of the complainant. Besides this, it is argued that after completion of investigation, charge-sheet has already been filed. The petitioner does not have any criminal antecedents. He is in custody since 20.12.2024 and trial of the case will take considerable time it its conclusion.
3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner.
4. Despite name of counsel for the complainant appearing in the cause list, no one has appeared on behalf of the complainant.
5. I have considered the contentions.
6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner as also looking to the fact that after completion of investigation, charge-sheet has been filed, absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
7. This bail application is accordingly allowed and it is directed that accused-petitioner - Hargyan Singh Gurjar S/o Bhajan
[2025:RJ-JP:8069] (3 of 3) [CRLMB-404/2025] Singh Gurjar shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(ANIL KUMAR UPMAN),J MADAN/S-505