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2025 DAILYLAW 39822 (RAJ)

MAHIPAL S/O SH. RADHESHYAM v. STATE OF RAJASTHAN

CRLMB/12315/2025 · 2025-10-07

Sameer Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:40559] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12315/2025 Mahipal S/o Sh. Radheshyam, Aged About 27 Years, R/o Nagla Tula, P.s. Rudawal, Dist. Bharatpur (Raj.) ( Presently Confined In Sub Jail At Bayana) ----Applicant Versus State Of Rajasthan, Through P.p. ----Respondent For Applicant : Mr. Anurag Sharma Mr. Anoop Meena For Respondent(s) : Ms. Arti Sharma, PP with Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 07/10/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 33/2020 registered at Police Station Garhi Bajana District Bharatpur for the offence(s) under Sections 147, 323, 341, 302 and 34 IPC. 2. Learned counsel for the accused-applicant submits that the applicant is a young man aged approximately 27 years. Learned counsel further submits that applicant has falsely been implicated in the present matter as he was not named in the FIR and allegations levelled against him in the charge-sheet are merely on account of statements tendered by a remotely related person before the panchayat. Furthermore, learned counsel submits that co-accused persons have already been granted bail by Coordinate Bench of this Court in SBCRLMB No.5093/2022 titled as Bablu Vs. State of Raj, SBCRLMB No. 17387/2021 and SBCRLMB No. 6202/2022, inspite of the fact that same allegations [2025:RJ-JP:40559] (2 of 2) [CRLMB-12315/2025] were under Section 299 of Cr.P.C. It is further submitted that applicant was not aware about the proceedings and was constantly appearing in the examination. There are no criminal antecedents against the applicant. Learned counsel further submits that the conclusion of trial is likely to take a long time and no useful purpose would be served by keeping the accused-applicant behind bars till disposal of the case. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. It is submitted that accused- applicant is absconding for a long period. 4. Considering the arguments advanced by the counsel for the parties, considering that accused-applicant is a young man aged 27 years; that the co-accused persons have been granted bail by Coordinate Bench of this Court; that accused-applicant is not named in the FIR and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him/her on bail. 5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Mahipal S/o Sh. Radheshyam shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J Pooja /105