HIMANSHU SAINI @ LALTEN S/O MAHAVEER SAINI v. STATE OF RAJASTHAN
CRLMB/14467/2024 · 2025-02-19
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 33236 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33236 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:7261] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14467/2024 Himanshu Saini @ Lalten S/o Mahaveer Saini, Aged About 24 Years, R/o Gaushala Road, Near Bhola Ka School, Ram Vihar Colony, Tehsil Kotputli, District Kotputli-Behror. (At Present Confined In Sub Jail Kotputli, District Kotputli-Behror). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Bharat Yadav For Respondent(s) For Complainant(s) : : Ms. Arti Sharma, PP Mr. Yeswant Singh HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 19/02/2025
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.365/2024 registered at Police Station Kotputli, District Kotputli-Behror Rajasthan) for the offences 143, 323, 341 & 379 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 323, 341, 325 & 308 of IPC.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that initially FIR was registered for the offences punishable under Sections 143, 323, 341 & 379 of IPC and during the course of investigation, offences punishable under Sections 325 & 308 of IPC were added. Counsel submits that maximum punishment for the alleged
[2025:RJ-JP:7261] (2 of 3) [CRLMB-14467/2024] offences are seven years. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 08.10.2024 and trial will take considerable time in its conclusion. 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, as also the fact that maximum punishment for the alleged offences are seven years; charge- sheet has been filed in this matter and trial will take considerable time in its conclusion; absence of criminal antecedents of the petitioner, period of custody, 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 -Himanshu Saini @ Lalten S/o Mahaveer Saini 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,
[2025:RJ-JP:7261] (3 of 3) [CRLMB-14467/2024] on all subsequent dates of hearing and as and when called upon to do so.
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 LALIT MOHAN /82