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2025 DAILYLAW 38250 (RAJ)

VISHRAM S/O RAMNIWAS v. STATE OF RAJASTHAN

CRLMB/4288/2025 · 2025-06-12

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:23157] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4288/2025 Vishram S/o Ramniwas, Aged About 28 Years, R/o Badolas Police Station Kundera District Sawai Modhopur (Raj). ----Accused Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Kailash Chand Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Amit Kumar Gupta HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 12/06/2025 1.This instant application under Section 482 of BNSS is filed by the petitioner-applicant-Vishram S/o Ramniwas for seeking anticipatory bail in event of arrest in connection with FIR No. 76/2025 dated 08.03.2025 registered at P.S. Kotwali Sawai Madhopur District Sawai Madhopur, for alleged offence under Sections 303(2) of the Bhartiya Nvaya Sanhita, 2023 and section 4 and 21 of the Mines and Minerals (Regulation And Development)Act, 1957. 2. Learned counsel for the applicant submits that the applicant has falsely implicated in a concocted criminal case. He also submitted that the applicant may be arrested due to ulterior motive and to [2025:RJ-JP:23157] (2 of 3) [CRLMB-4288/2025] fulfill personal vendetta of complainant though there is no evidence against the petitioner-applicant. He further submitted that the petitioner is a law abiding citizen having no previous criminal antecedents, but he assure full cooperation with Investigating Agency. 3. Learned counsel for the petitioner submitted that this petitioner is neither named in FIR nor his identity is disclosed by the complainant. He further submitted that this petitioner has already deposited compounding fee of Rs.296,250/- and he is entitled to be released on bail. 4. Learned Public Prosecutor has opposed the bail application and submitted that the allegations against the petitioner are grave and serious, therefore, at the stage of investigation, the petitioner- applicant, is required for investigation, hence, he is not entitled to grant anticipatory bail. 5. Heard learned counsel for the petitioner-applicant and learned Public Prosecutor. Perused the material available on record submitted by both the parties. 6. On basis of interception and recovery on 8.03.2025, tractor trolley was found transporting "Bajri". During investigation, it was found that this petitioner is owner of tractor used in transportation of "Bajri". The incident is of 08.03.2025 whereas fee receipt dated 11.03.2025 is filed on record. This receipt only speaks of deposition of money and not compounding of criminal case by any authorities. The impugned order also suggests that two more cases were registered against this petitioner and both were relating to MMDR Act. It appears that this petitioner is regularly [2025:RJ-JP:23157] (3 of 3) [CRLMB-4288/2025] involved in illegal excavation and transportation of "Bajri" from river bed. Therefore, he is not entitled to be released on bail. 7. In view of discussion made hereinabove, the bail application under Section 482 of BNSS is hereby dismissed. (ASHOK KUMAR JAIN),J Anu /272