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2025 DAILYLAW 35327 (RAJ)

BALVEER S/O PAPPU v. STATE OF RAJASTHAN

CRLMB/16302/2024 · 2025-01-31

Mahendar Kumar Goyal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:4359] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IInd Bail Application No. 16302/2024 Balveer S/o Pappu, Aged About 28 Years, Resident Of Gahroli, Police Station Muskara, District Hamirpur, Uttar Pradesh. (At Present Accused-Petitioner Confined In Sub Jail Deeg). ---Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rahul Sinsinwar For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 31/01/2025 The present second bail application has been filed under Section 483 B.N.S.S. The petitioner has been arrested in connection with FIR No.249/2021 registered at Police Station Sikri, District Bharatpur for the offence(s) under Section(s) 302 of I.P.C. Learned counsel for the petitioner submits that all the material prosecution witnesses such as Smt. Jenum (P.W.-5)-wife of the deceased, S/Shri Rasmuddin (P.W.-8)- son and informant, Kamruddin (P.W.-9) and Banekha (P.W.-10)- brothers of the deceased have turned hostile and have not supported the prosecution story. He further submits that the petitioner is in custody since 07.06.2021, trial of the case likely to take time, he has no criminal antecedent and prays for his release on bail. Learned Public Prosecutor opposed the prayer. Heard. Considered. [2025:RJ-JP:4359] (2 of 2) [CRLMB-16302/2024] Taking into consideration the contentions advanced by learned counsel for the petitioner, material on record especially, statement of the aforesaid prosecution witnesses who all have turned hostile, the period of incarceration of the petitioner and absence of criminal antecedent; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail. Accordingly, the second bail application is allowed and it is directed that accused-petitioner Balveer S/o Pappu shall be released on bail under Section 483 B.N.S.S. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 480(3) B.N.S.S. (MAHENDAR KUMAR GOYAL),J GAURAV/13