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2025 DAILYLAW 32762 (RAJ)

VISHNU KUMAR @ HANDU S/O CHARAN SINGH @ CHARAN v. STATE OF RAJASTHAN

CRLMB/14092/2024 · 2025-02-25

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:8596] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14092/2024 Vishnu Kumar @ Handu S/o Charan Singh @ Charan, Aged About 22 Years, R/o Naivada, Police Station Halena, District Bharatpur (Rajasthan) (At Present In Sub Jail, Bayana, Bharatpur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Chandra Mohan Sharma, Adv. For Respondent(s) : Ms. Arti Sharma, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 25/02/2025 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.199/2024 registered at Police Station Halena, District Bharatpur for the offences punishable under Sections 85, 108 & 3(5) of BNS, 2023. Later on, Police filed charge-sheet in this matter. 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 the petitioner is facing trial for the offence punishable under Section 108 of BNS (corresponding to Section 306 of IPC). He further submits that during course of trial, sister of the deceased, who is married in the same family and brother of the deceased have been examined. They have not [2025:RJ-JP:8596] (2 of 3) [CRLMB-14092/2024] supported the prosecution case and they have been declared hostile. He argues that there are no criminal antecedents against the petitioner, charge-sheet has already been filed and trial of the case will take considerable time in its conclusion. He contends that the petitioner is in custody since 08.08.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. 4. I have considered the contentions. 5. 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 material available on record including charge-sheet and the testimony of brother and sister of the deceased; absence of criminal antecedents; period of custody and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Vishnu Kumar @ Handu S/o Charan Singh @ Charan 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. [2025:RJ-JP:8596] (3 of 3) [CRLMB-14092/2024] 7. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/51