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2025 DAILYLAW 35241 (RAJ)

SHER SINGH S/O DINESH NEHRA v. STATE OF RAJASTHAN

CRLMB/16119/2024 · 2025-02-21

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:8065] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16119/2024 Sher Singh S/o Dinesh Nehra, Aged About 25 Years, R/o Nehra Ki Dhani, Bamanwas @ Sujanpura, Police Station Khandela, District Sikar. (At Present Confined At Jail, Sikar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajesh Goswami with Mr. Garvit Saraswat Mr. Jay Bhardwaj Mr. Adeet Srivastava Mr. Manjeet Sharma Mr. Karan Sharma For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/02/2025 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.407/2024 registered at Police Station Udhyognagar (Sikar), District Sikar (Raj.) for the offences punishable under Sections 308(2) & 318(4) of BNS (corresponding to Sections 384 & 420 of IPC). 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that after completion of investigation, police filed charge-sheet against the petitioner for the offences punishable under Sections 318(4), 308(2) & 78(2) of BNS (corresponding to [2025:RJ-JP:8065] (2 of 3) [CRLMB-16119/2024] Sections 384, 420 & 354D of IPC) and Section 11/12 of POCSO Act. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 09.12.2024. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that victim as well as complainant of this case has duly been informed about hearing of this bail application and despite information, no one has put in appearance on behalf of victim as well as complainant. 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 material available on record in the form of case diary; charge-sheet has been filed in this matter; absence of criminal antecedent of the petitioner; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner -Sher Singh S/o Dinesh Nehra 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:8065] (3 of 3) [CRLMB-16119/2024] 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 in first week of every three month in the concerned police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, 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 him by this Court. (ANIL KUMAR UPMAN),J LALIT MOHAN /454