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2025 DAILYLAW 3658 (RAJ)

BATAN S/O SHRI RAJKISHAN v. STATE OF RAJASTHAN

CRLMB/730/2025 · 2025-01-23

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:3310] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 730/2025 Batan S/o Shri Rajkishan, Aged About 32 Years, R/o Ward No. 2, Purani Chungi Safido, P.S. City Safido, District Jind (Haryana) (At Present Confined In Sub Jail Bayana). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ved Prakash Saini For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025 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.603/2024 registered at Police Station Bhusabar, District Bharatpur (Raj.) for the offences punishable under Sections 331(4) & 305(a) of BNS. During investigation, offences punishable under Sections 331(4) & 305(a) of BNS have been found proved against the petitioner. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits alleged offences are triable by Magistrate. Counsel submits that without any evidence, petitioner has been made accused in this case. It is submitted that the recovery of Rs.32,000/-(Thirty Two Thousand Rupees) made from the petitioner is not a big issue as it is not a big amount. Counsel [2025:RJ-JP:3310] (2 of 3) [CRLMB-730/2025] contends that nothing has come out during investigation which suggests that the aforementioned recovered currency notes of Rs.32,000/- were the same stolen case property and thus, false recovery has been planted upon the petitioner. Counsel submits that presently, there are no criminal antecedents of the petitioner. Petitioner is in custody since his date of arrest. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for 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, especially the fact that alleged offences are triable by Magistrate; presently, there are no criminal antencedents of the petitioner; looking to the custody period, 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 Batan S/o Shri Rajkishan 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. [2025:RJ-JP:3310] (3 of 3) [CRLMB-730/2025] 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 in first week of every three month in the concerned police station. 8. If any breach 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 him by this Court. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails 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. (ANIL KUMAR UPMAN),J LALIT MOHAN /208