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2025 DAILYLAW 33270 (RAJ)

AMARCHAND S/O LATE SHRI RAMJILAL v. STATE OF RAJASTHAN

CRLMB/14518/2024 · 2025-01-03

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:403] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14518/2024 Amarchand S/o Late Shri Ramjilal, Aged About 47 Years, R/o Ward No. 11, Naharganj Mohalla, Town Kumher, Police Station Kumher, District Bharatpur, Rajasthan. (At Present Confined In Central Jail, Sewar, District Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Yogesh Singhal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/01/2025 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.667/2022 registered at Police Station Kumher, District Bharatpur (Raj.) for the offences punishable under Sections 302, 120-B & 201 of IPC. Later on, police filed the charge-sheet for the offences punishable under Sections 302, 120-B & 201 of IPC & Section 4/25 of Arms Act. 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 entire prosecution case is based on circumstantial evidence. He submits that eight prosecution witnesses have been examined & all of them have not supported the prosecution case. It is submitted that petitioner has been [2025:RJ-JP:403] (2 of 3) [CRLMB-14518/2024] charge-sheeted with the aid of Section 120-B of IPC. Counsel submits that other co-accused person namely Kamlesh has been granted benefit of bail by this court & two other co-accused persons who are juvenile were also charge-sheeted separately & they have been acquitted by the Juvenile Justice Board. Petitioner is in custody since 06.11.2022. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by 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, especially the fact that aforementioned co-accused person has been granted benefit of bail by this court & two other co-accused persons who are juvenile have been acquitted by the Juvenile Justice Board; charge-sheet has been filed as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. The observations 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. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Amarchand S/o Late Shri Ramjilal, 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 [2025:RJ-JP:403] (3 of 3) [CRLMB-14518/2024] 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 GAUTAM JAIN /56