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2025 DAILYLAW 38288 (RAJ)

JAYANT @ J K S/O SHRI MUKESH KUMAR v. STATE OF RAJASTHAN

CRLMB/5816/2025 · 2025-09-18

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:39459] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5816/2025 Jayant @ J K S/o Shri Mukesh Kumar, R/o Bhagwadi Kala P.s. Behror Sadar District Kotputli Behror, Rajasthan. (At Present In Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pradeep Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Jayant @ J K S/o Shri Mukesh Kumar seeking bail in respect of a criminal case registered as FIR No.862/2021 dated 28.10.2021 registered at P.S. Behror, District - Bhiwadi, for the offence under Sections 307 and 34 of IPC. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:39459] (2 of 4) [CRLMB-5816/2025] applicant undertakes not to repeat offence and cooperate with trial, which will take time. 3. Learned counsel for the petitioner submits that for incident of 26.10.2021, a report is registered on basis of Parchabayan of injured Bheem Singh. He also submits that in his Parchabayan, injured has named Tiger @ Mahendra for firing upon him and as per report there is one gunshot injury upon body of injured. He further submits that after investigation, police has filed a charge-sheet and present petitioner is in custody for last two years. He also submits that two accused Bhupendra @ KD and Sandeep @ Chida were granted bail by Co-ordinate Bench of this Hon’ble Court. He also referred criminal cases reported against the present petitioner and submitted that out of five cases, the present petitioner accused is acquitted in two cases whereas one is pending and in one case, the petitioner accused was granted bail by a Co-ordinate Bench on 07.03.2025. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of a Parchabayan of injured Bheem Singh on 27.10.2021 about incident of night of 26.10.2021, report is registered on 28.10.2021 and the matter is investigated. In Parchabayan, injured has named Tiger @ Mahendra and Jayant for firing upon him. The material indicate that after [2025:RJ-JP:39459] (3 of 4) [CRLMB-5816/2025] investigation, police has filed chargesheet against Jayant for firing upon him. The material indicate that after investigation, police has filed charge-sheet against Jayant , Mahendra @ tiger, Bhupendra @ KD and Sandeep @ Chida under Sections 307 and 34 IPC. Two accused Bhupendra @ KD and Sandeep @ Chida were granted bail by Co-ordinate Bench of this Court. A status report dated 07.08.2025 called from the trial Court indicate that on 25.06.2025, charges were framed against Bhupendra and Sandeep and now date is fixed for recording statement of witnesses. It is apparent on record from the report that initially charge against Jayant and Mahendra were framed on 10.05.2024 and thereafter for one or other reason, the matter has been delayed and same is explained in the report by learned Additional Sessions Judge No.2, Behror, District Kotputli-Behror. 7. There are five criminal cases registered against the petitioner accused and out of five cases, the petitioner accused was released on bail on 07.03.2025 in FIR No.860/2021 by a Co- ordinate Bench of this Court wherein present petitioner is facing charge under Section 302 IPC. For one case, learned counsel has submitted that same is pending before the trial Court whereas orders dated 21.02.2024 in a matter arising out of FIR No.35/2021 and order dated 31.07.2018 in a matter arising out of FIR No.346/2017 are filed on record to show that the petitioner accused is acquitted in these two cases. The death certificate dated 16.07.2024 indicate that injured Bheem Singh has expired on 27.04.2024. [2025:RJ-JP:39459] (4 of 4) [CRLMB-5816/2025] 8. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 9. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 10. Accordingly, the application for bail filed under Section 483 of BNSS preferred by the applicant-accused Jayant @ J K S/o Shri Mukesh Kumar is hereby dismissed. 11. The trial Court is directed to expedite the disposal of sessions case at earliest. (ASHOK KUMAR JAIN),J MR/70