RAJKUMAR KUSHWAH S/O RAMSNEHI v. STATE OF RAJASTHAN
CRLMB/706/2025 · 2025-02-24
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 3592 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3592 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:8302] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12707/2024 Goverdhan Lal Sharma S/o Rameshwar, Aged About 65 Years, R/o Anantpura, Police Station Chomu, District Jaipur. (At Present In District Jail, Dausa). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14034/2024
1. Ram Khiladi S/o Shri Ram Sahay, Aged About 42 Years, R/o Dhuriawali Dhani, Bagdi, Police Station Mandawari, Distt. Dausa.
2. Brij Mohan S/o Shri Sometya, Aged About 40 Years, R/o Teli Mohalla, Bilona Kalan, Police Station Mandawari, Distt. Dausa (Raj.) Applicants-Accused In District Jail, Dausa. ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 706/2025 Rajkumar Kushwah S/o Ramsnehi, Aged About 40 Years, R/o Murar Banshipur Greed Gwalior, Police Station Murar, District Gwalior (M.P.) (Presently Confined In Sub Jail, Lalsot, District Dausa). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Prahlad Sharma, Adv., with Mr. Ram Prasad Sharma, Adv., Mr. Lakhan Sharma, Adv., Mr. Prakash Chand Thakuriya, Adv., for Mr. Dinesh Yadav, Adv., and Mr. Rajneesh Gupta, Adv., with Mr. Utkarsh Goyal, Adv. For Respondent(s) : Mr. Sudesh Kumar Saini, PP and Mr. Ravindra Singh Shekhawat, Adv., for complainant.
[2025:RJ-JP:8302] (2 of 3) [CRLMB-12707/2024] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 24/02/2025
1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.98/2024 registered at Police Station Jhanpda, District Dausa for the offences punishable under Sections 318(4), 316(2), 338, 336(3) and 340(2) of BNS, 2023. Later on, Police filed charge-sheet in this matter for the offences punishable under Sections 318(4), 316(2), 338, 336(3), 340(2) and 61(2)(a) of BNS, 2023.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that offences are triable by magistrate. Counsel submit that after investigation, police filed charge-sheet in this matter, alleging therein that on the basis of forged papers petitioners have executed the sale deed and same has already been cancelled by the Registrar. It is contended that entire prosecution case is based on documents and same are in possession of the Investigation Agency. There are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion. Petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor assisted by learned counsel for the complainant opposes the submissions made by learned counsel for the petitioners. It is submitted that in a very planned manner
[2025:RJ-JP:8302] (3 of 3) [CRLMB-12707/2024] another person was produced on behalf of the land owner, who passed away long back.
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 petitioners so also considering the fact that alleged offences are triable by Magistrate; charge-sheet has been filed; absence of criminal antecedents against the petitioners; 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 these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners – 1. Goverdhan Lal Sharma S/o Rameshwar, 2. Ram Khiladi S/o Shri Ram Sahay, 3. Brij Mohan S/o Shri Sometya and 4. Rajkumar Kushwah S/o Ramsnehi shall be released on bail provided each of them 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 each of them 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.
(ANIL KUMAR UPMAN),J MADAN/S-424-426