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2025 DAILYLAW 3897 (RAJ)

MAHESH @ KOCHYA S/O SHRI VIJAYPAL v. STATE OF RAJASTHAN

CRLMB/857/2025 · 2025-01-23

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:3315] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 857/2025 Mahesh @ Kochya S/o Shri Vijaypal, Aged About 29 Years, R/o Raiwana, Police Station Neemrana, District Kotputli-Behror, Raj. (At Present Confined At Sub Jail Behror, Alwar). ----Petitioner Versus State Of Rajasthan, Through PP No. 2 Behror, District Alwar. ----Respondent For Petitioner(s) : Mr. Vivek Yadav for Dr. Mahesh Sharma For Respondent(s) : Ms. Arti Sharma, 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.438/2024 registered at Police Station Neemrana, District Kotputli-Behrod (Raj.) for the offence punishable under Section 3/25 of Arms Act. Later on, police filed charge-sheet in this matter on 3/25 of Arms Act. 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 offence is triable by Magistrate. Petitioner is in custody since 27.09.2024 and trial will take considerable time. 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. She submits that petitioner is [2025:RJ-JP:3315] (2 of 3) [CRLMB-857/2025] habitual offender and 18 other cases have been registered against him. Thus, bail should not be granted. 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 offence is triable by Magistrate; charge-sheet has been filed in this matter; 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 Mahesh @ Kochya S/o Shri Vijaypal 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. 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 and third week of every 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. [2025:RJ-JP:3315] (3 of 3) [CRLMB-857/2025] 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 /216