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2025 DAILYLAW 34543 (RAJ)

KALLA @ KARUA @ LAXMAN S/O SURESH v. STATE OF RAJASTHAN

CRLMB/15683/2024 · 2025-02-28

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:8993] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15683/2024 Kalla @ Karua @ Laxman S/o Suresh, Aged About 31 Years, R/o Jatav Mohalla Biloni, Police Station Kanchanpur, District Dholpur (Raj.). (At Present Accused Petitioner Confined In Central Jail Sewar, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1644/2025 Vishnu S/o Mukesh, Aged About 25 Years, R/o Khoobchand Ka Pura, Majra, Biloni, Police Station Kanchanpur, District Dholpur (Raj.). (At Present Accused Petitioner Confined In Central Jail Sewar, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anshul Sharma For Respondent(s) : Mr. Sudesh Kumar Sain, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/02/2025 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.006/2024 registered at Police Station Udhyog Nagar, District Bharatpur for the offences under Sections 453, 455, 392, 397 & 307 of IPC and Sections 3, 25(1), 25(6), 5 & 27(1) of Arms Act. Later on, police filed charge-sheet for the offences punishable under Sections 455, 392, 397, 307, 452 & 120B of IPC and Sections 3, 25(1), 25(6), 5 & 27(1) of Arms Act. [2025:RJ-JP:8993] (2 of 3) [CRLMB-15683/2024] 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that as per the FIR, three persons committed robbery in the bank. Two persons were subjected to identification parade but they were not identified by any of the witnesses in the test identification parade. It is submitted that police has filed charge-sheet in this matter against five persons for the offences punishable under Sections 455, 392, 397, 307, 452 & 120B of IPC and Sections 3, 25(1), 25(6), 5 & 27(1) of Arms Act. Learned counsel contends that at the time of alleged incident, petitioners were in confinement in other case. It is contended that no recovery has been effected from the possession of the petitioners. Learned counsel argues that petitioners are in custody since their date of arrest. Further custody of the petitioners would not serve any fruitful purpose. Trial will take time in its conclusion. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. It is submitted that petitioners are hardcore criminals as several other cases have been registered against them. 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, as also considering the material available on record in the form of charge-sheet, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. [2025:RJ-JP:8993] (3 of 3) [CRLMB-15683/2024] 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Kalla @ Karua @ Laxman S/o Suresh, & (2) Vishnu S/o Mukesh, 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 in first and third week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. 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 CHARU SONI /134-135