RAJESH KUMAR GURJAR @ KALU @ LADEN S/O RAMKARAN GURJAR v. STATE OF RAJASTHAN
CRLMB/15331/2024 · 2025-01-03
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 34133 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34133 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:277] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15331/2024 Rajesh Kumar Gurjar @ Kalu @ Laden S/o Ramkaran Gurjar, Aged About 24 Years, R/o Tanwra Ki Dhani, Santhalpur, Police Station Bansur, District Kotputali-Behror. (At Present Confined In Sub Jail Behror (Alwar) Rajasthan). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Tushar Panwar For Respondent(s) : Mr. Amit Kumar Gupta 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.388/2024 registered at Police Station Bansur, District Kotputli-Behror (Raj.) for the offences punishable under Section 353(1)(b) of BNS & Sections 5, 27(1), 25(9) & 25(1) 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 according to the prosecution story, FIR has been registered only on the basis of one video wherein it has been alleged that petitioner is opening firearm. It is submitted that no firearm has been recovered from the possession of the petitioner. Petitioner is in custody since 20.11.2024 & there are no
[2025:RJ-JP:277] (2 of 3) [CRLMB-15331/2024] criminal antecedents against him. 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. He submits that involvement of petitioner in commission of offence is clearly visible in the video for which impugned FIR has been registered.
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 no firearm has been recovered from the possession of the petitioner; absence of criminal antecedents 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 - Rajesh Kumar Gurjar @ Kalu @ Laden S/o Ramkaran Gurjar, 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:277] (3 of 3) [CRLMB-15331/2024]
7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence on once in three months 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 him by this Court.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /264