Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 35475 (RAJ)

RAKESH @ RAKA S/O VIJENDRA SINGH v. STATE OF RAJASTHAN

CRLMB/16359/2024 · 2025-01-07

Praveer Bhatnagar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:818] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16359/2024 Rakesh @ Raka S/o Vijendra Singh, Aged About 21 Years, R/o Shyampura, Police Station Paniyala, District Kotputli-Behror. (At Present Confined In Sub Jail Kotputli, District Kotputli-Behror). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mukesh Kumar Saini For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/01/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.404/2024 registered at Police Station Kotputli, District Kotputli-Behror for the offence(s) under Sections 127(2) & 307 of BNS. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the allegation of abducting the complainant, thereafter threatening him is perse false. The FIR itself is delayed by two days, the incident occurred on 03.07.2024, whereas, the FIR was lodged on 05.07.2024 and no recovery of any weapon was effected from the possession of the accused-petitioner. The main allegation of receiving the money from the complainant's account is against Vijay Singh. The other similarly placed co- [2025:RJ-JP:818] (2 of 3) [CRLMB-16359/2024] accused Radheyshyam @ Chiku and Surendra Kumar @ Kallu have already been enlarged on bail by this Court vide order dated 03.12.2024 and the case of the accused-petitioner is akin to the case of the other co-accused who have been granted benefit of bail. The accused-petitioner is in custody since long, police has proposed charge-sheet against the petitioner and trial/investigation of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposes the bail application and submits the factual report, the same is taken on record. It is contended that the accused-petitioner is a habitual offender and against him six criminal cases have been registered under various offences, therefore, considering criminal antecedents and the allegations levelled against the accused- petitioner, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. Considering the fact that the similarly placed other co- accused Radheyshyam and Surendra Kumar have already been enlarged on bail by this Court vide order dated 03.12.2024. The accused-petitioner is in custody since long and as per the factual report, the charge-sheet has already been proposed against the present petitioner, therefore, considering the above facts, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. [2025:RJ-JP:818] (3 of 3) [CRLMB-16359/2024] 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Rakesh @ Raka S/o Vijendra Singh, in connection with FIR No.404/2024 registered at Police Station Kotputli, District Kotputli-Behror shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge. The accused is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Magistrate. (PRAVEER BHATNAGAR),J Keshav/13