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2025 DAILYLAW 33297 (RAJ)

NETRAPAL S/O MUKESH v. STATE OF RAJASTHAN

CRLMB/14511/2024 · 2025-01-17

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:2532] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14457/2024 Ajeet S/o Roshan Lal, R/o Turtipura, Police Station Gadhibajna, District Bharatpur (Raj.). (At Present Confined In Sub Jail, Bayana) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14511/2024 1. Netrapal S/o Mukesh, R/o Nagla Beeja, Police Station Uchchain, District Bharatpur (Raj.) (At Present Accused Petitioner Confined In Sub Jail Bayana) 2. Deva @ Devendra S/o Dharmpal, R/o Umraid, Police Station Weir, District Bharatpur, (Raj.) (At Present Accused Petitioner Confined In Sub Jail Bayana). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Timan Singh Mr. Rahul Sinsinwar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/01/2025 1. These instant bail applications have been filed under Section 483 of BNSS., on behalf of the petitioners, who have been arrested in connection with FIR No.408/2024 registered at Police Station Bayana, District Bharatpur (Raj.) for the offences punishable under Sections 125, 110, 331(6) of BNS & Section [2025:RJ-JP:2532] (2 of 3) [CRLMB-14457/2024] 3/27 of Arms Act. Later on, police filed charge-sheet for the offences punishable under Sections 125, 331(6), 109(1) of BNS, Sections 3/25 & 5/27 of Arms Act. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that this is a case of no injury as none of the persons sustained any injury. They submit that complainant of this case has not supported the prosecution case as he has been declared hostile by the prosecution. Petitioners are in custody since their date of arrest. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners. 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 petitioners especially the fact that complainant of this case has been declared hostile; 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 applications. 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. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1) Ajeet S/o Roshan Lal, 2) Netrapal S/o Mukesh & 3) Deva @ Devendra S/o Dharmpal [2025:RJ-JP:2532] (3 of 3) [CRLMB-14457/2024] shall be released on bail provided each of them 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 they 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. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence on once in every month in the concerned police station. 8. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to them by this Court. (ANIL KUMAR UPMAN),J GAUTAM JAIN /128-129