SURENDRA KUMAR SON OF DEEPCHAND v. STATE OF RAJASTHAN
CRLMB/8172/2025 · 2025-08-05
Ashok Kumar Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 38806 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38806 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:31375] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7949/2025
1. Surendra Kumar Gurjar S/o Shri Deepchand, Aged About 42 Years, R/o Village Chokipura, PS Chiksana, District Bharatpur, Rajasthan, Presetnly R/o B-10, Triveni Enclave, Ps Sanganer Sadar, Jaipur South, Rajasthan.
2. Vikram Pratap Gurjar S/o Shri Shivram Gurjar, Aged About 24 Years, R/o Village Chokipura, PS Chiksana, District Bharatpur, Rajasthan.
3. Omprakash Gurjar S/o Shri Jagdish, Aged About 28 Years, R/o Village Nagla Chaudhary, PS Bayana, District Bharatpur, Rajasthan. (Accused Petitioners Are Presently Confined At Distt. Jail Dholpur Raj.) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 8172/2025
1. Surendra Kumar Son Of Deepchand, Aged About 42 Years, Resident Of Village Chauki Pura, Police Station Chiksana, District Bharatpur, At Present Plot No. B-10, Triveni Enclave Govindpura Police Station Sanganer Sadar, Jaipur. (At Present Confined In Central Jail Jaipur)
2. Vikram Pratap Son Of Shivram, Aged About 24 Years, Resident Of Ajan Band, Chouki Pura, Police Station Chiksana, District Bharatpur ( At Present Confined In Central Jail Jaipur)
3. Omprakash Son Of Jagdish Prasad, Aged About 28 Years, Resident Of Village Nagla Chaudhariya, Police Station Bayana District Bharatpur. ( At Present Confined In Central Jail Jaipur) ----Petitioners Versus State Of Rajasthan, Through P.p. ----Respondent
[2025:RJ-JP:31375] (2 of 8) [CRLMB-7949/2025] For Petitioner(s) : Mr. Dharmendra Gurjar through VC Ms. Pooja Gupta Mr. Jagmeet Singh For Respondent(s) : Mr. Devi Singh, PP Mr. Jitendra Choudhary, Mr. Gaurav Sharma and Mr. Sarthak Chobey all for Mr. Rajesh Kumar Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 05/08/2025 In S.B. Criminal Miscellaneous Bail Application No. 7949/2025 :-
1. The instant application for bail is filed under Section 483 of BNSS by the petitioners-accused 1. Surendra Kumar Gurjar S/o Shri Deepchand 2. Vikram Pratap Gurjar S/o Shri Shivram Gurjar and 3. Omprakash Gurjar S/o Shri Jagdish in FIR No.431/2025 dated 01.06.2025 registered at P.S. Sanganer Sadar District – Jaipur (South), whereby the petitioners-accused have charged under Sections 109(2), 189(2), 125(1) BNS and Section 3/25 of Arms Act.
2.
Learned counsel for the petitioners relying upon grounds raised in bail application submit that the petitioners are innocent and falsely implicated in the present case. He further submits that four FIRs with similar contents were registered at PS Sanganer Sadar on 01.06.2025 and police have arrested these petitioners in present case and as well as in FIR No.433/2025. He further submits that these petitioners were initially booked under Section 126, 130 and 136 of BNSS and further released on execution of bail and
[2025:RJ-JP:31375] (3 of 8) [CRLMB-7949/2025] bonds on 01.06.2025 but later, they were arrested by police in present case. He further submitted that accused Omprakash Gurjar is already released on bail by Co-ordinate Bench in FIR No.432/2025 registered on 01.06.2025 and disposal of these cases will take time and petitioners are in custody.
3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complinant.
4.
Learned counsel for the complainant has submitted that these petitioners with a criminal background have threatened and fired indiscriminately to terrorize the locals and on call of locals, police came on spot and later they were apprehended these petitioners. He also referred criminal antecedents and submitted that these petitioners may not be released on bail. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 6. On information about firing and taking law in hand, police has nabbed three persons on spot on 01.06.2025 near Trivani Enclave, Govindpura and initially booked them under Sections 126, 130 and 136 of BNSS. Later, these three persons were released on execution of bail and bonds under Section 136 of BNS. Subsequently, complainant(s) who were victim(s) have filed report to the police and during investigation, these petitioners were arrested and today two bail applications in FIR Nos.431/2025 and 433/2025 registered at PS Sanganer Sadar, Jaipur (South) are before us. [2025:RJ-JP:31375] (4 of 8) [CRLMB-7949/2025]
7. There were seven criminal cases registered against petitioner No.1-accused Surendra Kumar whereas three each against petitioner Nos.2 and 3-accused Vikram Pratap Gurjar and Omprakash Gurjar. Accused Omprakash Gurjar is released on bail by Co-ordinate Bench on 30.07.2025 in FIR No.432/2025 registered at PS Sanganer Sadar, Jaipur (South). 8. Considering to the totality of facts and circumstances of the case, I am of the considered view that the petitioner/accused, Surendra Kumar Gurjar, is the kingpin and leader of the assault carried out by 8–10 persons on
01.06.2025. He has a criminal background; therefore, it is not appropriate to grant bail to him, as doing so would convey a wrong impression to society. 9. Hence, the bail application of petitioner accused Surendra Kumar Gurjar is hereby dismissed. 10. Considering the entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the petitioners-accused Vikram
Pratap
Gurjar and Omprakash Gurjar. 11.
Thus, the instant bail application filed on behalf of petitioners-accused Vikram
Pratap
Gurjar and Omprakash Gurjar is hereby allowed and the petitioners- accused Vikram Pratap Gurjar and Omprakash Gurjar are ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-
[2025:RJ-JP:31375] (5 of 8) [CRLMB-7949/2025] (i) The petitioners-accused shall not tamper with evidence or influence the witness in any manner. (ii) The petitioners-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioners-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the petitioners-accused shall be liable to be cancelled. 12. The Registry is directed to send a copy of this order to the Trial Court through E-mail. In S.B. Criminal Miscellaneous Bail Application No. 8172/2025 :-
1. The instant application for bail is filed under Section 483 of BNSS by the petitioners-accused 1. Surendra Kumar Gurjar S/o Shri Deepchand 2. Vikram Pratap Gurjar S/o Shri Shivram Gurjar and 3. Omprakash Gurjar S/o Shri Jagdish in FIR No.433/2025 dated 01.06.2025 registered at P.S. Sanganer Sadar District – Jaipur (South), whereby the petitioners-accused have charged under Sections 115(2), 126(2), 333, 351(2), 351(3) and 189(2) of BNS. 2.
Learned counsel for the petitioners relying upon grounds raised in bail application submit that the petitioners are innocent and falsely implicated in the present case. He
[2025:RJ-JP:31375] (6 of 8) [CRLMB-7949/2025] further submits that four FIRs with similar contents were registered at PS Sanganer Sadar on 01.06.2025 and police have arrested these petitioners in present case and as well as in FIR No.431/2025. He further submits that these petitioners were initially booked under Section 126, 130 and 136 of BNSS and further released on execution of bail and bonds on 01.06.2025 but later, they were arrested by police in present case. He further submitted that accused Omprakash Gurjar is already released on bail by Co-ordinate Bench in FIR No.432/2025 registered on 01.06.2025 and disposal of these cases will take time and petitioners are in custody.
3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant.
4.
Learned counsel for the complainant has submitted that these petitioners with a criminal background have threatened and fired indiscriminately to terrorize the locals and on call of locals, police came on spot and later they were apprehended these petitioners. He also referred criminal antecedents and submitted that these petitioners may not be released on bail. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 6. On information about firing and taking law in hand, police has nabbed three persons on spot on 01.06.2025 near Trivani Enclave, Govindpura and initially booked them under Sections 126, 130 and 136 of BNSS. Later, these three persons were released on execution of bail and bonds under
[2025:RJ-JP:31375] (7 of 8) [CRLMB-7949/2025] Section 136 of BNS. Subsequently, complainant(s) who were victim(s) have filed report to the police and during investigation, these petitioners were arrested and today two bail applications in FIR Nos.431/2025 and 433/2025 registered at PS Sanganer Sadar, Jaipur (South) are before us. 7. There were seven criminal cases registered against petitioner No.1-accused Surendra Kumar whereas three each against petitioner Nos.2 and 3-accused Vikram Pratap Gurjar and Omprakash Gurjar. Accused Omprakash Gurjar is released on bail by Co-ordinate Bench on 30.07.2025 in FIR No.432/2025 registered at PS Sanganer Sadar, Jaipur (South). 8. Considering to the totality of facts and circumstances of the case, I am of the considered view that the petitioner/accused, Surendra Kumar Gurjar, is the kingpin and leader of the assault carried out by 8–10 persons on
01.06.2025. He has a criminal background; therefore, it is not appropriate to grant bail to him, as doing so would convey a wrong impression to society. 9. Hence, the bail application of petitioner accused Surendra Kumar Gurjar is hereby dismissed. 10. Considering the entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the petitioners-accused Vikram
Pratap
Gurjar and Omprakash Gurjar. [2025:RJ-JP:31375] (8 of 8) [CRLMB-7949/2025]
11.
Thus, the instant bail application filed on behalf of petitioners-accused Vikram
Pratap
Gurjar and Omprakash Gurjar is hereby allowed and the petitioners- accused Vikram Pratap Gurjar and Omprakash Gurjar are ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The petitioners-accused shall not tamper with
evidence or influence the witness in any manner. (ii) The petitioners-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioners-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the petitioners-accused shall be liable to be cancelled. 12. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/141 and 154