MAHENDRA S/O SHRI JHUTHAR SINGH v. STATE OF RAJASTHAN
CRLMB/16292/2024 · 2025-01-07
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 35481 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35481 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:984] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16292/2024 Mahendra S/o Shri Jhuthar Singh, R/o Mohabbat Ki Dhani, Tan Raisarana, Police Station Mandhan, District Kotputli. (At Present Confined In Sub Jail Behror). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kuldeep Yadav For Respondent(s) : Mr. Amit Kumar Gupta, PP Mr. Hemant Singh Shekhawat, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 07/01/2025
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.300/2024 registered at Police Station Mandhan, District Kotputli-Behror for the offences punishable under Sections 189(2), 126(2), 115(2) & 109(1) of BNS and Sections 3/25 & 4/25 of Arms Act.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that there is land dispute between the petitioner and complainant and same is pending in the court of Sub- Divisional Officer, Neemrana, District Kotputli-Behror. An interim
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order is also appearing in favour of the petitioner. It is submitted that false allegations have been levelled against the petitioner in FIR as injury sustained to injured has been found simple in nature. It is submitted that petitioner is in custody since long. Trial will take time in its conclusion and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by the counsel for the petitioner. It is submitted that there is allegation against the petitioner of using firearm and same has been recovered from his possession. At this stage, learned counsel for the petitioner submits that as per FIR, only it has been alleged that petitioner pointed the revolver at injured.
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 considering the nature of injury, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner Mahendra S/o Shri Jhuthar Singh, 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
[2025:RJ-JP:984] (3 of 3) [CRLMB-16292/2024] court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(ANIL KUMAR UPMAN), J CHARU SONI /366