MUKESH KUMAR S/O SULTAN SINGH v. STATE OF RAJASTHAN
CRLMB/14417/2024 · 2025-03-24
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 33221 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33221 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:13128] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14417/2024 Mukesh Kumar S/o Sultan Singh, Aged About 40 Years, R/o Karoda, P.s. Behror Sadar, Dist. Kotputli-Behror (Raj.). (At Present Petitioner Is Confined In Sub Jail Behror, District Kotputli-Behror (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Brahma Prakash For Respondent(s) For Complainant(s) : : Ms. Arti Sharma, PP Mr. Ashvin Garg HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 24/03/2025
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. 267/2024 registered at Police Station Behror Sadar, District Kotputli-Behror(Rajasthan) for the offences punishable under Sections 420 and 406 of IPC.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that vide
order dated 20.02.2025, interim bail was granted to the petitioner to arrange the amount which was received from the complainant. He submits that a Demand Draft of Rs.10,00,000/- (Ten Lakh Rupees) bearing No. 642322 and demand draft of Rs.9,11,000/- (Nine Lakh Eleven Thousand Rupees) bearing No.642324 was prepared in the name of complainant but same could not be
[2025:RJ-JP:13128] (2 of 3) [CRLMB-14417/2024] deposited with the trial court on account of lawyers agitation. It is submitted that in terms of order dated 20.02.2025, petitioner has surrendered before the jail authorities on 20.03.2025. Charge- sheet has been filed and trial will take considerable time in its conclusion. Petitioner is in custody since his date of arrest and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by 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, so also considering the fact that petitioner has voluntarily prepared the Demand Draft in favour of the complainant and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner -Mukesh Kumar S/o Sultan Singh, shall be released on bail provided he deposits the Demand Draft along with bail bonds 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,
[2025:RJ-JP:13128] (3 of 3) [CRLMB-14417/2024] on all subsequent dates of hearing and as and when called upon to do so.
7. If any application is submitted by the complainant for disbursal of the demand draft before the learned trial court, same shall be handed over to the complainant after taking an undertaking from her that in case the petitioner is acquitted, she will return the entire amount to the petitioner alongwith prevailing bank interests.
(ANIL KUMAR UPMAN),J pcg/87