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2025 DAILYLAW 35635 (RAJ)

HEMRAJ @ HEMU S/O SANJAY SINGH v. STATE OF RAJASTHAN

CRLMB/16524/2024 · 2025-01-22

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:3239] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16524/2024 Hemraj @ Hemu S/o Sanjay Singh, R/o Khedi Devisingh, Police Station Nadbai, District (Raj.). (At Present Confined In Central Jail Sewar, Bharatpur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Navankur Dubey, Adv. For Respondent(s) : Mr. N.S. Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 22/01/2025 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.331/2024 registered at Police Station Sewar, District Bharatpur for the offence punishable under Section 382 of IPC. Later on, Police has filed charge-sheet in this matter for the offence punishable under Section 392 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged offence is triable by Magistrate. He further submits that charge-sheet has already been filed and trial of the case will take considerable time. He argues that the petitioner is in custody since 04.08.2024 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:3239] (2 of 3) [CRLMB-16524/2024] 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that petitioner is a habitual offender and five other cases have also been registered against him. 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 looking to the fact that charge- sheet has been filed; alleged offence is triable by Magistrate; trial will take time in its conclusion as well as looking to the period of custody, 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 - Hemraj @ Hemu S/o Sanjay 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 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-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence on 1st & 15th day of every month in the concerned police station. 8. If any breach of these conditions is reported or come to the [2025:RJ-JP:3239] (3 of 3) [CRLMB-16524/2024] 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. 9. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/S-239