Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 38087 (RAJ)

SANDEEP KUMAR S/O CHHITARMAL v. THE STATE OF RAJASTHAN

CRLMB/12717/2025 · 2025-10-14

Anand Sharma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:41925] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.12717/2025 Sandeep Kumar S/o Chhitarmal, aged about 24 Years, R/o Gram Mungalpur, Police Station Harsaura District Kotputli-Behror. (At Present Confined In Sub-Jail Behror). ----Accused-Petitioner Versus The State of Rajasthan through P.P. ----Respondent For Petitioner(s) : Mr. Vikash Kumar Jakhar For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 14/10/2025 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused- petitioner in respect of F.I.R. No.193/2025 registered at Police Station-Bansur, District-Kotputli-Behror for the offences punishable under Sections 190, 191(2), 191(3), 109(1), 61(2)(a) & 111(2)(b) of B.N.S. 2023 and Sections 3, 25, 25(6), 5 & 27 of the Arms Act, 1959 (Amendment, 2019). 2. Learned counsel for the petitioner submits that fire-arm has been recovered from co-accused Kalu Sood, not from the petitioner and no recovery whatsoever of any weapon has been made from the petitioner. It has further submitted that co-accused Himanshu Rawat has been enlarged on bail by the Co-ordinate Bench of this Court on 29.08.2025 in S.B. Criminal Miscellaneous Bail Application No.11017/2025 and the case of the petitioner is similar to the co-accused Himanshu Rawat. Hence, benefit of bail may also be granted to the petitioner, whose case is at similar footing, who have already been granted bail. [2025:RJ-JP:41925] (2 of 2) [CRLMB-12717/2025] 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. Considered the submissions made at Bar. 6. In view of the fact that the allegations with regard to opening fire is not against the petitioner and fire-arm has also been recovered from the other co-accused Kalu Sood as well as the fact that co-accused Himanshu Rawat has been enlarged on bail by the order passed by the Co-ordinate Bench of this Court, without making any comment over the merits of the case, I am inclined to grant bail to the petitioner. 7. Accordingly, the Bail Application is hereby allowed. The accused-petitioner Sandeep Kumar S/o Chhitarmal shall be released on bail in pursuance of F.I.R. No.193/2025 registered at Police Station-Bansur, District-Kotputli-Behror on furnishing a personal bond of Rs.1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. 8. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA),J DAKSH/162