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2025 DAILYLAW 35665 (RAJ)

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

CRLMB/16474/2024 · 2025-01-06

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16474/2024 Hemraj @ Hemu S/o Sanjay Singh, Aged About 19 Years, R/o Village Khedidevisingh, Police Station Nadbai, District Bharatpur. (At Present Confined In Central Jail Sewar, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Navankur Dubey For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/01/2025 1. This bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.350/2024 registered at Police Station Sewar, District Bharatpur for offence punishable under Section 382 of IPC. Charge-sheet has been filed for offences under Sections 394 & 34 of IPC. 2. Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. It is submitted that alleged offences are triable by Magistrate. Learned counsel contend that petitioner is in custody since 30.08.2024. Charge-sheet has been filed in this matter, trial will take considerable time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by (2 of 3) [CRLMB-16474/2024] counsel for the petitioner. He submits that several other cases have been registered against the petitioner. 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 fact that alleged offences are triable by Magistrate; charge-sheet has been filed in this matter; petitioner is in custody since 30.08.2024 and trial will take considerable time in its conclusion, but without commenting anything on merits and demerits of the case, I deem it proper to allow these bail applications. 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 shall furnish 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. However, petitioner is further directed to mark his presence in the concerned police station in the first week of every month, till trial is concluded. In case, the petitioner fail 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. (3 of 3) [CRLMB-16474/2024] 8. If breach of any 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 petitioner by this Court. 9. The observation made hereinabove is only for decision of these instant bail application and would not have any impact on the trial of the case in any manner. 10. The SHO concerned is directed to maintain a register recording attendance of the accused, as mentioned above. In case, the petitioner fails to mark his attendance as mentioned above, the SHO shall intimate the trial court immediately. (ANIL KUMAR UPMAN),J ANAND TANWAR /69